Written By John Mutiso 📝
James Ongondo, a Kisii magistrate, has petitioned the High Court to prevent the DPP and the DCI from prosecuting him for suspected defilement.
The magistrate was arrested on Friday last week in a hotel with a 17-year-old girl in Kaplong, Sotik in Bomet county.
According to the magistrate’s plea, he was at a social occasion with his peers when he was escorted by DCI officers for being with an underage girl.
In documents filed in court, Ongondo wants the High Court to issue conservatory orders prohibiting the DPP, Inspector General of Police, and Director of Criminal Investigations from arresting him, arraigning him in court, or instituting criminal proceedings against him based on the disputed investigations until his application is heard and decided.
Ongondo, through his lawyer, John Sakwa, claims to be a married father who enjoys taking a drink with friends after completing his professional obligations, an activity that is often practiced around the world.
He also added that he was out of duty and became inebriated while in the presence of a lady, which is neither criminal nor prohibited by law.
“The Petitioner/Applicant was inebriated having induced a few alcoholic drinks being that he was away from official duties and in the midst of his peers celebrating a milestone accomplished by one of them,” the court papers read.
The magistrate also claimed that he was arrested while retrieving his belongings from his car and ferrying them to the room he had reserved for himself and the lady.
He continues by saying that he tried to convey to the authorities that the lady was over the age of 18, but that his plea was ignored.
Soon after his detention, the authorities informed him that the hotel’s owner had filed a complaint.
The lady, he claims, had been drinking alcoholic beverages with him and his peers, but the establishment never objected to her age.
“At no point did the owner of the establishment verify the age of the girl (name withheld) as alcoholic beverages kept trickling to the table. The waiter serving the table did not raise any issue at any point”, he claims.
According to the magistrate’s court filings, he has since verified the girl’s genuine age by producing her birth certificate, which shows she is 22 years old.
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