A 32-year-old German national is being held in police custody for allegedly defiling a 15-year-old Rwandese girl in Kilifi County.
Mr Netband Tim Marvin, who is said to be a businessman in Kilifi, was arrested on Saturday and presented in court on Monday.
The accused, who denied the charges, will remain in police custody for one week pending a decision on his bail application.
Appearing before Kilifi Senior Resident Magistrate Daniel Sitati, the accused was charged with defiling the 15-year-old at his home in Mtondia area in Kilifi North Constituency.
According to court documents, the minor arrived in Kilifi from Nairobi four months ago with her mother and was staying in the Seahorse area on the outskirts of Kilifi town.
According to court documents, the complainant disclosed her defilement to her mother, who reported the matter at Kilifi Police Station under occurrence book number OB/53/07/02/2024.
The charge sheet states that the suspect defiled the minor on January 27 and 29 at the Seahorse area and in his rented residence in Mtondia.
Prosecutor Nancy Njeru told the court that despite the accused and the complainant being in the country legally, both of them are a flight risk.
“We are running the risk of the accused either absconding or interfering with the witnesses if granted bail. The minor and her mother may also disappear as they are not citizens of this country despite being domiciled within Kilifi,” she said.
Ms Njeru said the prosecution also intends to amend the charge sheet with an additional charge of child pornography.
However, the accused's lawyer, Patrick Ndaime, opposed an affidavit by the investigating officer asking the court to deny his client bond or bail.
“The officer who has sworn this affidavit is asking the court to take judicial notice of increased cases of defilement of young girls. That is a sweeping statement, a very general statement that has nothing to do with the accused,” Mr Ndaime said.
He said there were no compelling reasons to deny Mr Marvin bail and bond terms since the police had confiscated his passport during the arrest, and he was willing to surrender the document in court.
In her affidavit, the investigating officer Jedidah Wanjau stated that the accused had been sending the minor nudes and pornographic videos using his phone.
“We suspect the gadgets have been used in child pornography,” she told the court.
The defence lawyer said the accused was willing to deposit reasonable but fair cash bail since he had no property and was also willing to present himself at Kilifi Police Station as the court may direct.
In addition, he said the accused resides in Mtondia where he conducts his business.
“The mere fact that the accused is a foreigner in itself is not a compelling reason to deny him bail because every person, without exception, has an equal right before the law,” he said.
Mr Sitati ordered the Office of Probation and Aftercare Services to present a bond report in court on where the accused stays within seven days.
The magistrate said one of the factors that would be considered in the bail and policy guidelines by the court is the gravity of the offense committed by the accused person.
The court would also consider if the accused person has a fixed abode and whether he is likely to interfere with the prosecution witnesses if granted bail.
The defence lawyer produced an agreement in court by the accused and his landlord stating that the latter leased his current residence for six months for Sh250,000 from the accused.
