Martin Hermann Baumgartner, a 64-year-old German national with dual Kenyan citizenship, led a quiet life in Kenya, running what was seen to be a charitable activity in Bahati.
Through his company, Twajenga holdings, an agricultural machinery firm, Hermann allegedly offered assistance to the community in the Kwa Nyayo area in Bahati, especially the young boys whom he offered menial jobs and other support.
Loved for his philanthropic acts, Hermann established himself as a father figure around the poverty-stricken community to earn himself the name “Mzee” from the youth around the area.
However, Hermann’s charitable reputation was tainted when when the community found out that he was facing allegations of defilement and rape and trafficking for sexual exploitation.
Martin Hermann Baumgartner, a 64-year-old German national.
Photo credit: Joseph Openda | Nation Media Group
On February 14, 2023, detectives from the Nakuru Directorate of Criminal Investigations office raided his home, arrested him confiscated his vehicle and gadgets.
When he was arraigned the following day, Herman was charged with 14 counts relating to sexual assault against eight boys in Bahati subcounty. The charges include defilement, sexual assault, indecent act with a child and compelling the minor to engage in indecent acts
The offences were committed on diverse dates between 2006 and 2023 at Mr Hermann's residence in Bahati.
He faced two more counts, namely trafficking of persons.
Martin Hermann Baumgartner, a 64-year-old German national.
Photo credit: Joseph Openda | Nation Media Group
According to the prosecution, Herman trafficked two young men aged 18 and 19 to Shanzu in Kilifi County on diverse dates between January and February 2023 for purposes of sexual exploitation. He denied all the charges.
Nakuru Senior Resident Magistrate Emanuel Soita released him on a Sh1 million bond with a Kenyan Surety of a similar amount. It later emerged that Hermann had previously been evading the law by compromising the justice system for years.
Chief Inspector Evelyne Mboya, who is attached to the Anti-human trafficking wing of the DCI, in her submissions before the court on February 20, 2023, said she had received a complaint from the Independent Police Oversight Authority of a previous scheme by the suspect to defeat justice by evading arrest.
After being released on bond despite protest by the prosecution over his likelihood to interfere with the witnesses, Hermann moved to the High Court to challenge the criminal proceedings against him.
In his application, Hermann claimed the trial was unfair, arguing that the charges were malicious. He also lamented that the strict bond terms which required him to stay away from the witnesses as well as his company had the impact of crippling financially.
The application was, however, unsuccessful after the court threw them out.
Attempts to defeat justice
Allegations of attempts to defeat justice further emerged after his file attracted interest from unknown individuals. This forced the court to order that the file be kept in the strong room. After a failed attempt to stop the proceedings, the case proceeded to trial, where several witnesses have since testified.
Martin Hermann Baumgartner, a 64-year-old German national.
Photo credit: Joseph Openda | Nation Media Group
However, on May 16, Principal Magistrate Vincent Adet issued a warrant of arrest against Herman after he failed to appear in court for the case hearing. He was arrested on the same day and spent the weekend in police cells.
When he was produced in court on Monday, his lawyer, David Mongeri, told the court that his client had a medical condition which forced him to visit his doctor on the said date.
“When he returned to court, he found that the court had already issued the warrant of arrest. I wish to request the court to lift the warrant as my client is ready to honour the court hearings,” said Mongeri.
