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Teenage seeks 14 days to scrutinize witness statements on sodomy case

A 14 year old boy charged with sodomising a fellow minor has requested a court in Machakos to grant him a fortnight to enable him prepare for his defence.

Through his lawyer ChrisberoLanagalanga, the accused who is a class six pupil told the court he intends to use the duration to scrutinise witness statements   before he can put up a defence in the case in which he is charged with sodomising a nine- year- old boy.

The minor, who lost both his parents a decade ago, is currently out on a personal bond.

He made the prayers when he appeared before Senior Resident Magistrate Irene Kahuiya yesterday where he was expected to defend himself.

The suspect is charged that on August 28, 2018 while in Thuluni village, Mutituni sub location in Machakos he sodomised   the complainant who is a child aged nine years.

He also faces another charge of committing an indecent act with a child contrary to section 11(1) of the sexual offences Act No. 3 of 2006 by touching the anus of the defendant.

The boy who lives with his grandmother has denied all the charges.

Kahuya directed the prosecution side to supply the accused with all witness statements within seven days as requested by his lawyer Langalanga to enable him prepare for his defence.

She ruled the case will come up for hearing on February 28, 2019.

“This case lies under the Active Case Management cases which require that the prosecution has a duty to supply to the defence the witness statements to avoid trial by ambush. This will assist the accused to prepare for trial. The accused will appear in court on February 28, 2019,”she ruled.

The court had initially ordered the minor remanded at a juvenile remand home immediately after he was arrested on August 30, 2018.

His lawyer later managed to secure his release on bond on October 30, 2018.

Antony WambuaMusyoki who is the village elder at Thuluni village in Mutituni sub- location Machakos County where the accused resides promised to be on the lookout and ensure the boy attends court regularly.

Musyoki gave his mobile phone number and his personal details as a show of his commitment in ensuring the boy attended court sessions whenever required.

By Samuel Maina and NaumNdinda

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