By Paschal Norbert
THIKA, MARCH 15, 2024 (CISA) – Fr James Kimani Kairu a priest of the Catholic Diocese of Eldoret has pleaded not guilty to defilement charges and indecent assault of a minor while appearing before Thika Chief Magistrate Stella Atambo on March 14.
Fr Kimani as he is commonly known is accused of defiling an 11-year-old girl on diverse dates between 2022 and August 2023 at his rented Buruburu apartment in Nairobi County. The minor is said to have been adopted by the priest on November 17, 2017, through the KKPI Adoption Society and was staying together with the priest and his ‘spouse’ at the apartment before the relationship turned sour.
According to the investigating officer, Corporal Thomas Musungu, the priest is legally married to the woman, complete with a sworn affidavit that shows they were living as husband and wife.
“I am investigating a case of defilement contrary to section 8 (1) …8 (2) of the Sexual Offences Act No. 3 of 2006, whereby the respondent your honour has taken a plea and we are making this application objecting bond your honour. We are objecting bond on the strength that the minor (MCM) who is the complainant in this matter has a special relationship with the accused person to the extent of living in the house of the accused person and the accused person paying her rent,” he said.
The prosecution had applied to deny Fr Kairu bail or bond, arguing that he could interfere with witnesses. He had applied to be released on bond after pleading not guilty to the charges before Chief Magistrate, Stella Atambo.
Corporal Musungu cited three reasons as to why they were opposed to the release of the accused on bond. He told the court “…at this particular point, we have worries that the accused person can persuade the minor against testifying in this matter. The second reason is because one of the main witnesses (EK) is the spouse of the accused person. There is a sworn affidavit dated 17th November 2017, whereby in that affidavit your honour, the accused person in this matter is living with one of the key witnesses in this matter as a spouse – as husband and wife… In the course of the investigation, we were supplied with those documents that am presenting before this honourable court.”
Corporal Musungu also told the court that when the key witness (the said spouse) was summoned to the Thika West DCI office to be interviewed and record a statement, she was allegedly abducted on her way and dumped along the Eldoret-Nakuru Highway and her vehicle tracked and found in Nakuru.
However, Fr Kairu, through his lawyer Jackline Gitau, argued that the affidavit was void and inconsequential. She claimed that the accused was not in any capacity to marry or adopt a child due to him being a Catholic priest.
She said that the priest, the victim and the witness had not interacted before and that he was not aware of them since he was based in Eldoret.
Lawyer Gitau submitted that the accused priest was not a flight risk or a threat and so far had been cooperative with the investigation. She added that he had respected his police bond terms with no violation reported, hence, should be admitted to reasonable bond terms.
The prosecution led by Christine Torome opposed her statements arguing that the accused being a priest, is in a position of influence and power that he can likely use to interfere with the witnesses.
Chief Magistrate Atambo ordered that Fr Kairu remain in custody until March 27, 2024, when she will make a ruling on the bond application.
Fr Kairu was ordained a priest of the diocese of Eldoret in 1994 alongside three others including, Godfrey Siundu, who quit priesthood to marry and is now an archbishop in the Ecumenical Catholic Church of Christ based in Bungoma County.
