A Mombasa taxi driver, who was arrested last week for allegedly forcing a minor to perform an indecent act on him, has denied the charges before a Shanzu Magistrate Court.
Fredrick Njenga Mungai, who works for a taxi-hailing company, appeared before Shanzu Resident Magistrate David Odhiambo.
He was released on Sh100, 000 bond with the same amount of surety or Sh50, 000 cash bail.
However, last week Mungai was not charged, as the magistrate asked the prosecution to change the charge that Mungai was facing to committing an indecent act with a child.
However, he was arraigned before the Shanzu Court with the same offence of committing an indecent act with a child contrary to section 11 (1) of the Sexual Offence Act No. 3 of 2006.
According to Mungai’s lawyer, Jared Magolo, his client has been subjected to torture and harassment since his arrest on Tuesday last week July 16.
“The accused person was released on bond and the charge was withdrawn. However, on Friday he was re-arrested again. We wish to be supplied with the report of where he was being held since his arrest last Friday,” said Magolo, while applying for lenient bail terms.
According to the prosecution side, the suspect should be held in police custody because he has expressed fears over his life.
“For his personal security, which is at risk, and he no longer walk freely, we apply that we continue holding the suspect in custody,” said the prosecution counsel.
However, Magolo said the issue of personal security should have been expressed and captured in a sworn affidavit by the suspect.
“The prosecution has no evidence to express that the suspect is living in fear. There’s no sworn affidavit to support those assertions. Therefore, there is no reason to continue holding him,” said Magolo.
The matter will come up for hearing on August 13.
According to the reports, Mungai was last week Monday evening contacted to pick the Standard 8 pupil from Light Academy and drop him to their home.
According to the boy’s family, the taxi driver allegedly parked the car at the roadside, a few metres from the boy’s home. He then undressed the young boy and forced him to perform the indecent act.
The boy later narrated what had happened to him to his parents. The parents later reported the matter to Nyali Police station.
On Tuesday, police officers tracked Mungai using his phone signal and traced him to Nyali Mall where he was arrested at around 10am.
However, according to fellow taxi drivers operating in Mombasa, Mungai has a clean record.
“He has worked for Uber for more than three years. He has over 9,000 trips and 4.7-star rating. Why would he now do such an act?” Posed some of his colleagues outside the court.
By Hussein Abdullahi