A senior Kenya Power and Lighting Company employee ( KPLC) was yesterday arraigned before a Shanzu court to face charges of defiling a 12-year-old minor.
The suspect Anthony Muganda, who is also a retired KDF officer, appeared before senior Shanzu resident Magistrate Robert Mbogo to plead to charges of defilemt and indecent act with a child
The retired major, popularly known as Tonny or Major Mganda, was charged with two countsof defilement and two other alternative counts of committing an indecent act with a child and trafficking in person.
Muganda, however, through his lawyer,Titus Kirui made an application to have the plea differed on grounds that he would be interdicated from KPLC once he was charged with the offence.
“Your honor, in case he pleads to the charges, he will be interdicted by KPLC .
Once charged, the process of notice to show course follows ,” He stated.
He asked the court to differ the plea taking,adding that the office of the director of public prosuctions (ODPP)decided to charge the suspect four years after the alleged offence was committed ,as such the defence team required more time to review evidence being levelled against the suspect.
However it has emerged that the office of the director of public prosecutions, through Senior Assistant Director of public prosecutions (,ODPP ) through its coast regional cordinator Peter Kiprop in his letter to detectives declined,to charge the suspect when he was first arrested in the year 2021.
In his letter to detectives,he had indicated that there was no enough evidence to prefer charges of defiliment and indecent Act with aminor.
However in a spirited fight to accord the minor justice , detectives drawn from the child protection unit,coast region wrote to the office of the ,Director of public prosecutions (ODPP) Nelson Ingonga seeking a review of the investigations file,on grounds that there was enough evedience to charge the suspect.
On May 12 this year, Igonga directed that the suspect should be charged with defiliment.
He was arrested in his hideout at Kisii and ferried to Mombasa to face relevant charges.
And in a twist of events the court heard that,detectives had been served with yet another letter dated May 12 this year from the ODPPS officce Coast region requesting detectives to release the suspect from their custody,and not to prefer any charges.
On his part Shanzu Prosecutiom counsel,Nadra Mazrui informed the court that the Constitution gives power to the ODPP to charge, and no one is above the law.
Mazrui stated that the ODPP had carried out sufficient review of the matter, and the institution was at liberty to charge since no one was above the law.
“The officce of the ODPP does not receive instructions from a private entity,there is sufficient evedience to charge, and we requesting the court to proceed with plea taking,” He stated.
The charges read that on diverse dates of 11, May 2021, in areas of Bamburi Mombasa county,the suspect defiled…….a child aged
He is also facing alternative charges of committing an indecent act with a child.