• Charles Wafula, 38, and Mercy Achieng', 30, appeared before senior principal magistrate Hezron Nyaberi of Winam law courts.
• Wafula was charged with incest and defilement.
Image: THE STAR
A man and his estranged wife have been charged separately in Kisumu with defilement and incest, and neglect.
Charles Wafula, 38, and Mercy Achieng', 30, appeared before senior principal magistrate Hezron Nyaberi of Winam law courts.
Wafula was charged with incest and defilement. The court heard that on different dates in February 2020 and on the night of May 25 and 26, 2020, at Kasawino in Kisumu East, he sexually assaulted his 12-year-old daughter.
He was also charged with another count of committing an indecent act with a child. He allegedly violated the girl in the presence of his 16-year-old son, whom he thought was asleep.
According to court documents, the boy informed his mother, who had separated from his father in 2015 and was staying alone in Obunga slums. They then proceeded to a police station to record a statement.
Wafula, however, denied all the charges against him and was detained at the Kondele police station. The prosecution requested that he be denied bond, expressing fear that he would interfere with witnesses.
Prosecutor Mark Wangila said that even though the accused has a right to be released on bond, doing so would enable him to sabotage the case as two of the witnesses are his children. While he is the sole provider for the children, he is also a threat to them, Wangila added.
"When released on bond terms, he may convince the children to lie before court and for that, I oppose the bond terms, but if given bond, I pray that the minors be handed to the government where they will be put at a safer space," he said.
The prosecution also requested for time to conduct investigations.
Achieng', the mother, was charged with neglect. The court heard that between 2015 and May 26, 2020, in Kasawino village, being a mother of the children, then aged 11 and eight, she abandoned them and wilfully caused them to be in need of care and protection. The charge sheet says her decision made room for the sexual assault.
Achieng' pleaded guilty. The prosecution requested seven to 14 days to have her taken for a psychiatric examination at the Jaramogi Oginga Odinga Teaching and Referral Hospital. The magistrate allowed his prayer and directed Achieng' be presented in court on June 16 so the report of the assessment can be produced.
The case will be heard on July 1.