A Somali man accused of stealing a 15 year old girl, before allegedly defiling her appeared at the Makadara law courts on Wednesday November 26, where he denied the charges against him.
Musaab Hasan Jimale, is claimed to have enticed the girl to follow her to his house having intentions to harbor her and to deprive her Mother F.M. the lawful custody and care in November 14.
Jimale was also charged with defiling the said girl on the same day and committing indecent acts with her.
Reportedly, the victim who lives with her mother in Eastleigh met with the accused person two days prior to the incident, he allegedly gave her his number and made arrangements to take her to his house on the material day., luring her that he had something to tell her.
They later met at a warehouse where the accused worked as a shop keeper. He then took her to an apartment where he gave her a pill to swallow which made her unconscious for two and a half hours.
Much later he moved her to a different house where he undressed and defiled her. He covered the mouth of the victim when she attempted to raise alarm and as a result she passed out until the following morning at around 8:39 am when he made her take shower.
He cautioned the minor against leaving the house when he was away. A report of a missing person was made to authorities leading to his arrest two days after the missing of the girl.
He led the police officers to his rented house where the minor was rescued, then taken to the hospital.
Jimale denied claims before chief Magistrate Beatrice Kimemia with the defense counsel Pamela Illuvya arguing that the accused person was a minor and a student in Eastleigh thus seeking guidance. She urged the court to be supplied with the affidavit filed to oppose the bond.
The state counsel Susan Kibungi challenged the defense application, noting that no documentations had been tendered in court showing that he was a minor or a student.
Further in her application, Kibungi informed the court that, ” the nature of the offense is serious. Eventhough the law provides that an arrested person enjoys the rights to bond and bail, the same privilege is not absolute but a matter of court’s discretion since rights to bond and bail can be waived when compelling reasons are tabled.
Before court is an affidavit sworn on November 26, objecting his release on bond since he is a flight risk, his permanent residency is unknown and he is likely to abscond court if released since the crime committed attracts a heavy penalty.” Kibungi said.
In addition, she stated that the accused person was unlawfully present in Kenya as per the charge sheet and as such, it buttresses the provisions that he is likely to abscond court.
” He is likely to interfere with the witnesses closer to him and the victim needs to be protected since they reside in the same area”
The defense counsel professor Hassan Anandwa argued that the affidavit tendered before court clearly indicated that the accused person is at flight risk being a foreigner, illegally present in Kenya.
” we pray to court to dismiss defense claims deny him bond until the case is heard and determined”
“Having considered the applications and submissions from the parties, I Hereby direct the accused person to be taken for age assessment pending further determination. The matter will be mentioned on Friday, November 28.” Kimemia directed
