• MCA was charged with defilement, which allegedly led to the girl delivering a baby three years ago.
• Court rules trial will proceed until claims the girl is not a minor are proved.
The girl who had accused Kisii county Moticho MCA Evans Mokoro of defilement now wants the case withdrawn.
In an affidavit presented in court, the girl said she is being coerced by the Directorate of Criminal Investigations to press charges against her wishes.
She also said she is 21 and not a minor as alleged by detectives.
She gave birth to a child but paternity was not immediately known.
The girl said she never wanted to press charges against the MCA.
“I wish to have the charges terminated because am not the complainant," the girl said in the affidavit presented to senior principal magistrate Denis Mikoyan in Ogembo.
Mikoyan said the case will proceed until the claim that she was not a minor is proved.
He also ordered the DCI to produce medical records proving defilement.
He said the court will make an independent ruling if the girl was a minor when the documents are brought before the court.
“There is a clearly laid down process in dealing with minors and it will be prudent for the court to get the facts right from the medical documents to ascertain the merits of her request to withdraw the charges,” Mikoyan ruled.
Mokoro was arraigned on April 30 and charged with defilement.
The court was told that Mokoro, on various dates between June 2016 and September 2017 in Gucha South subcounty, defiled the then 16-year-old.
He was also charged with committing an indecent act with a child.
The girl later gave birth and is now the mother of a three-year-old currently in the custody of the DCIO.
Detectives handling the case had told the court that the MCA had been on the run and it took a long time to bring him to the dock.
On Friday, the plaintiff annexed a birth certificate to the affidavit, denying claims of being a minor.
She said she knows the father of her child.
"I have not asked the DCIO to undertake any investigations or carry out arrests," she said,
She wants her child returned to her, saying it was suffering away from parental love and care.
“I want him (DCIO) ordered to bring back my child who was snatched from me so that it can be breastfed,” the girl said in the affidavit.
(Edited by R.Wamochie)