Two Kilifi police bosses and an education director risk imprisonment for failing to appear in court as instructed.
Kilifi Principal Magistrate Ivy Wasike had ordered Kilifi North Director of Criminal Investigation (DCIO) Moses Lelekong, his Ganze counterpart Waweru Gichohi and Ganze sub-County Teachers Service Commission (TSC) Director Mohamed Alwy to show cause why they should not be held in contempt of court.
The three were expected to appear before the magistrate on Thursday last week in a case where the Ganze sub-County children officer wants them to explain measures taken to bring to book a teacher who vanished from the area before he could be charged for defiling two children.
However, they were a no show.
The Bamba Police Station OCS William Andayi who was also required in court was represented by Police Constable Charles Ongeri.
Ms Wasike issued orders through the county commissioner, county criminal investigations officer and TSC officer in charge of Kilifi County for the three to appear in court on September 23. They are supposed to explain why they should not be punished for disobeying court orders.
This matter has come at a time when Acting Inspector-General Gilbert Masengeli is in the spotlight for disobeying seven court summons.
Justice Lawrence Mugambi found Mr Masengeli guilty of contempt of court and slapped him with a six months jail term and suspended its enforcement for seven days to allow the convicted top police boss to honour summons.
Mr Masengeli has however filed an appeal against the sentence, claiming that the decision was made without giving him any hearing.
The Thursday session at the Kilifi court was only attended by the representative of the Bamba Police Station OCS and the officer in charge of prosecution in Kilifi who gave their reports about the case.
“From the cross-examination of the OCS-Bamba through his representative and the prosecution counsel, it is clear that no action has yet to be taken against the perpetrator or any of the officials involved. Summons to the DCIO and TSC were not honoured.
“This goes against the best interests of the subjects herein and the institutions involved must be compelled to ensure that the (interests) are safeguarded failure to which they will be culpable for failing to safeguard the best interests of children,” the magistrate stated.
The teacher identified as Stephen Biko disappeared before he could be charged for defiling the two sisters aged 9 and 7.
Ms Wasike ordered the OCS Bamba Police Station and the Office of the Director of Public Prosecution (ODPP) to ensure that they prefer necessary charges against the perpetrator and to move the court, as stipulated by law, for a warrant of arrest against him.
“Preliminary investigations show there are grounds to charge the perpetrator Stephen Biko with the relevant offences under the law seven days from the date herein,” she said.
On August 26, the Ganze sub-County Children Officer Omar Mohamed, moved the court on behalf of the minors for directions.
Mr Mohamed prayed for a summon to be issued to the Director of Criminal Investigation (DCIO) in charge of Kilifi North and Ganze sub-counties to state the progress of investigations and the perpetrator's whereabouts. The officers were to appear in court on September 12.
Ganze TSC director was supposed to report on the measures taken to bring the perpetrator to justice, while the Bamba OCS was to report on the progress of the investigation and the Kilifi Office of the ODPP was to give a progress report on the prosecution of the perpetrator.
According to the children officer, the minors’ mother found out that her children had been defiled in October 2023. She reported the same to the village elder and to Bamba Police Station under OB/621/3/2024.
The court was informed that after reporting the matter, the Bamba assistant county commissioner summoned the mother in the presence of the suspect, the head teacher of the school where the suspect was teaching, a teacher and an assistant chief.
It is claimed that the mother was intimidated and threatened to drop the case. She then went ahead and reported that to Bamba Police Station.
To date, no action has been taken against the teacher and the mother of the children has never been given any feedback since she reported the matter.
Police Constable Charles Ongeri who represented the Bamba Police Station OCS told the court that they received the complaint on March 21 and commenced their investigations.
They then forwarded the file to the ODPP Kilifi for directions on April 28 and received a response on June 11 stating that the file be given to the Ganze DCIO and the Kilifi North DCIO to take over the investigations.
Duplicate files were delivered to the officers on July 1 with directions to the DCIO to track and trace the suspect and investigate the alleged interference by the Bamba assistant county commissioner, school head teacher and the assistant chief.
Mr Ongeri stated that the Ganze Sub-county TSC Director said they did not know the suspect’s TSC number and had no information about him.
He said they were still waiting for feedback from the Directorate of Criminal Investigations (DCI), to take the next step.
“The OCS was informed by the DCIO that they have not got the accused or made headway,” Mr Ongeri said.
On her part, Prosecution Counsel Ms Nancy Njeru stated that Bamba OCS had informed them of the defilement case and about the interference by the administration.
Ms Njeru told the court that she wrote to the Kilifi County Commissioner on the issue and the County Criminal Investigation Officer (CCIO) requesting an internal investigation and the CCIO to supervise the Ganze DCIO and Kilifi North DCIO to ensure the accused is apprehended and TSC notified to confirm the details of the perpetrator.
She said the DCI informed them that the TSC had confirmed the perpetrator's number, and his phone was off, but they were seeking other ways of tracing him.
“The investigations were complete, and the ACC was found criminally culpable and the file was handed over to the County Commissioner to also undertake internal investigations before any criminal charges could be preferred against the ACC,” she said.
The prosecutor said they were still awaiting communication from the County Commissioner on the action taken.
