A judge has ordered the rescue of a minor who was hoodwinked by a truck driver into faking her age to get an ID so he could marry her.
The truck driver, who was her neighbour in Likoni, took advantage of the girl immediately her mother died. He eloped with her, promising her a better future.
Judge Eric Ogola directed police to track them through their mobile phones and take the minor to a children's home for counselling.
He further directed the DPP and the DCI to investigate and establish who gave the girl a fake national ID.
His orders arose from an application by the girl's father, CLS, who sought the court's intervention. Her father said the man unlawfully took and sexually abused his little girl, who was born on February 14, 2006, at Coast General Hospital. But court documents indicate she is 15, and she has a child.
According to the suit papers, the truck driver helped the minor secure an ID using a falsified date of birth and parents' names.
"It is clear that if this is true then the first respondent has committed several offences ranging from giving false information to the Registrar of Persons, to marrying a minor. This court must take action not only to protect the minor, but also to punish the crimes committed," the judge said.
On April 12, the girl appeared in court with her child and told the judge she is married and lives in her own house. She said she wasn't a minor.
"The first respondent [accused] knew the minor was underage but convinced her that he is the man to marry her, denying her the right to education," CLS said.
He said he has reached out on several occasions to have his daughter returned, but "the man treated him with contempt".
The man never defended himself in court despite being aware of the case.
The judge said, "The conversation between the petitioner [CLS] and the first respondent reveals that the first respondent does not care about his conduct, is arrogant and has taken the minor as his wife. He shall be arrested and brought to this court."
Justice Ogola further issued a declaratory order that the man should not be seen near the girl.
The case will be mentioned on May 30 when the police are expected to bring the girl before court.
(Edited by R.Wamochie)
