A commissioner with the National Gender and Equality Commission (NGEC) has questioned a decision by a court in Nyeri to give a defilement and murder suspect more than a month to rethink his plea.
Speaking on Friday afternoon in Nyeri County, NGEC’s commissioner, Dr Margaret Karungaru wondered why, despite the mental assessment indicating that the accused person, Nicholas Julius Macharia, was fit to stand trial, the court had given him a chance to plead a second time.
“This is an offence where we feel that the judge had a leeway to expedite this case so that Tamara (the victim) gets justice as soon as possible. We know that once an accused person is given a long time to reflect, we may get a plea that is not guilty so we are very concerned because we thought that this was a very straightforward case,” said the commissioner.
“The accused has accepted that he is guilty and we could not understand why the case was moved to next month for him to take a second plea and we are feeling that Tamara is being denied justice,” she added.
Dr Karungaru was referring to a decision by the High court in Nyeri to grant Macharia the prime suspect of the defilement and murder case of a seven-year-old Tamara Blessing Kabura in Witemere, Nyeri County, some 46 days to reflect after he pleaded guilty to murder charges.
Justice Kizito Magare on Thursday directed that the accused be remanded in prison custody until the end of July this year when he will be presented in court again to retake the plea. Justice Magare said that the accused had pleaded guilty to a capital offence on the first plea taking and he, the judge, needed to take note that the accused understood the penalty for the charge which is a death sentence.
“The accused has pleaded guilty to the charge. The sentence for the plea is that this court will sentence him to death. But before the court proceeds to sentencing, he will be given sometime in prison remand to reflect. The matter shall be mentioned again on July 29, 2025 when he will retake the plea which the court shall enter in its record on that day because I need to take note that he has reflected on it (penalty),” said Justice Magare.
Dr Karungaru spoke after holding a consultative meeting with the Nyeri county committee on Gender Based Violence and Child Abuse. The meeting was attended by Nyeri Central Deputy County Commissioner Maina Ngunyi, Nyeri County Director of Children Services Joseph Mburu, Representatives from the County Department for Gender and Social Services, nominated Member of County Assembly (Gender)Agnes Wachira and a host of women and children rights activists.
The commissioner at the same time called on the judiciary to expedite child abuse related cases in the county which she noted were progressing at a slow pace denying the victims the justice they deserve.
“In Nyeri we have got about 20 cases for this year alone that NGEC is following.We have cases of sodomy and defilement that are still in court and we are feeling that justice is dragging its feet and we all know that justice delayed is justice denied so we are asking Law Society of Kenya to take this up quickly with the courts and ensure that justice is given as fast as is possibly and legally correct,” she stated.
By Wangari Mwangi
