Were it not for the involvement of sleuths from the Directorate of Criminal Investigations (DCI), a defilement suspect who the State alleges preyed on a schoolgirl might have continued enjoying peace of mind despite the weight of the charges he now faces.
The defilement case, which was previously handled by Kiembeni Police Station, had remained dormant since 2019 after a brief stint in court, leaving the family devastated.
Lamech Oluoch Ogonda was initially charged with defilement of a minor aged 16 years and committing an indecent act with a minor.
However, less than six months after the case was filed, the Office of the Director of Public Prosecutions (ODPP) applied to withdraw it, arguing that the evidence in its possession was insufficient to sustain a conviction.
The prosecution urged the court to discharge Ogonda under Section 87 A of the Criminal Procedure Code CPC, which allows the State to re-arrest and charge a person with the same offence in future should new evidence capable of sustaining a conviction emerge.
A discharge under this section of the law does not bar future prosecution on the same facts. After Mr Ogonda was discharged, the matter went quiet until the DCI took over following numerous requests for intervention by the family and human rights groups.
On Monday, Mr Ogonda was charged afresh with the same offence before the Shanzu court. The charge sheet presented in court states that the suspect committed the offence on September 23, 2019, at Mtopanga area in Bamburi, Kisauni sub-county. Mr Ogonda denied the charge when he appeared in court and was released on a cash bail of Sh30,000.
Police investigations show that the minor was born on December 14, 2003. This means she was 16 years old at the time of the alleged offence, thereby meeting the legal definition of a minor.
Investigations further show that on the material day at around 2 pm, the minor was walking to her grandmother’s residence when she noticed someone following her along the Kwa Sonko road in Mtopanga.
The assailant is alleged to have grabbed her, covered her mouth and forced her into the vehicle, where the offence occurred. The complainant reportedly escaped when the suspect’s phone rang and he reached out to answer the call. Investigations indicate that she was later assisted by a member of the public.
She was taken to Mwandoni Dispensary and the matter was reported to Junda Police Post. Medical documents attached to the file include treatment notes dated September 24, 2019, a Post Rape Care PRC form and a P3 form.
An exhibits memo form dated September 27, 2019, indicates that blood samples were collected from the seat cover of the suspect’s motor vehicle as well as from the minor’s clothes and preserved as exhibits.
In its recommendation to charge Mr Ogonda with the offence of defilement, the prosecution noted that the medical reports indicate findings consistent with defilement.
The prosecution also stated that it was satisfied that the minor recognised the alleged assailant and identified the registration number of the vehicle, which is registered to the accused. The case is scheduled for a hearing on March 17.
