Six students charged with 'gang-raping' colleague in Nyeri
Appellate judges Gatembu Kairu, Pauline Nyamweya and Jessie Lesiit allowed KPA’s appeal challenging a decision by the High Court to dismiss preliminary objections it had raised alongside the Ethics and Anti-Corruption Commission (EACC) against Mr Abdi Mohamed Daib’s petition.
Six secondary school students have been charged with gang raping a 16-year-old girl in Nyeri County.
The suspects who are aged between 13 to 17 years, faced a count of gang rape and another of committing an indecent act with a child.
The minors who allegedly committed the offence on October 30 at around 6:00 pm appeared before Senior Resident Magistrate Faith Muguongo on Monday.
The court heard that the victim was walking home from school when she was lured by one of the suspects whom she knew as a neighbour and schoolmate, to his home.
The suspect then locked her in one of the single rooms at the home before raping her in turns together with his friends.
A police report produced in court showed that following the incident, the victim did not disclose what had happened to her until the next day when she reported to school.
The school deputy principal, who is listed as one of the witnesses in the suit, rushed her to hospital where it was established that her reproductive system had been severely injured.
“The minor has since been admitted and is in stable condition,” read part of the document.
But the accused persons denied the charges against them claiming they had been 'framed.'
Through their lawyer, the suspects sought to be released on bond saying detaining them would interfere with their studies.
While supporting the claim, a lawyer, Mr Ngugi told the court that one of the suspects was a Kenya Certificate of Secondary Education (KCSE) candidate who had been forced to miss some classes following his arrest.
But the prosecution opposed the request for bond saying releasing the accused persons would traumatize the victim further.
“Since some of the suspects already share an environment with the victim, I would like the court to order for a probation report that will show the victim’s impact assessment before granting bond,” said the prosecution.
In her orders, the Magistrate noted that the allegations were serious offences and the accused persons could not be released on bond without the report from the probation officer.
“Meanwhile, the suspects will be retained at the Ruring’u Children’s Home awaiting the report,” she said.
The magistrate noted that the 'framing' allegations could only be raised and addressed during the trial.
The case continues on November 11.
