A Kiambu court yesterday released two Nigerian Nationals on a Sh. 200,000 bond with Kenyan sureties pending the hearing of a rape case in which they are alleged to have sexually assaulted a complainant.
They are also believed to be in the country illegally, a charge to which the prosecution is pursuing to confirm their status in two weeks.
Adepoju John Olaleken was released on a bond of Sh. 200,000 with two Kenyan sureties while his co-accused Frank Momoh Ndajuma was released on a bond of Sh. 200,000 with one Kenyan surety. Their Kenyan co-accused was released on a bond of Sh. 30,000 for the prosecution to avail facts of the case on October 25 when the case will be mentioned.
They were further ordered to deposit their passports in court during the hearing of their case.
Adepoju John Olaleken was jointly charged and Frank Momoh Ndajuma that on September 29, 2019 at Ruaka area within Kiambaa Sub-county of Kiambu County, they sexually assaulted a woman without her consent.
The duo was jointly charged with a Kenyan accomplice Daniel Kipngetich that on the same day and time, they assaulted the complainant occasioning her actual bodily harm contrary to section 251 of the penal code.
The Nigerians faced a third count being found unlawfully present in Kenya.
When the trio were arraigned in court on October 3, 2019 they pleaded not guilty to the charges but the second accused who said he was a guard in the apartment where the incident occurred pleaded guilty to the charge saying “Yes I beat her up as I was doing my job as a security guard.”
After the ruling was made Wednesday, the prosecuting counsel Mr. Donnex Ongira told the court that the complainant has intended to withdraw the case before court. He however pleaded for more time so that he can interrogate her and advise the court accordingly.
The magistrate said “then you should have arrested my ruling before I delivered it if you had such information” At this point, she asked if the complainant was present so that she could explain herself. She then stood and told the court that she intended to forgive the accused persons.
The magistrate then went ahead and warned her that the courts were not created for people to play around with. “If you are interrogated and it is found that you lied to the police, you will face the full force of the law,” she warned while allowing the adjournment sought for by the prosecution.
However, reminded the first and third accused that they still had the third count of being unlawfully present in the country which cannot be withdrawn by the complainant and as such, the case would be heard on November 11, 2019.