Drama ensued at a Kabarnet court, Monday, after a Form Three student who was allegedly defiled by a 43- year- old man instead defended him.
Appearing before Senior Principal Magistrate (SPM), Paul Biwott, the 17-year-old girl, a student, at a secondary school within Kabarnet town who shocked the hushed court when she denied ever knowing the man presented before the court.
“Today in court I do not see the man who defiled me, I do not know this man in the dock and have never met him before,” said the complainant.
Geoffrey Omosa, a famous guitarist at a big church within Kabarnet town was arrested after a week of hot pursuit by police and charged with defilement contrary to section 8(1) as read with section 8(4) of the Sexual Act No 3 of 2006.
The accused was also charged with an alternative charge of committing an Indecent Act with the Form three girl.
While testifying in the case which occurred on June 12, 2021, at around 4.50 pm at the residential house of the accused at the sprawling Kaprogonya Estate in Baringo Central, the girl maintained that the court has brought in a different person as accused.
The unexpected turn of events forced the prosecution Counsel, Caroline Muriu, to request the Magistrate to give her a five-minute break to confirm from the Investigation Officer if the accused in the dock was indeed the correct person or not as alleged by the complainant.
The Investigation Officer indeed verified and confirmed that Omosa who is out on Sh 200,000 bond with one surety of a similar amount was the right accused.
The ruling, the Senior Principal Magistrate adjourned the case and ordered for cross-examination by Defense Counsel to get to the bottom of the defilement case.
Biwot also directed that the certified copies of court proceedings be supplied to all parties involved in the case to enable them to execute the case properly.
Further hearing will take place on August 30, where the girl is expected to give a comprehensive testimony of the defilement case.