The hearing of a defilement case facing a Murang’a based police constable yesterday, for a second time failed to start following unavailability of a DNA report.
On Monday, a Murang’a magistrate’s court was told that the defense side had not been supplied with DNA report to enable them proceed with the case against Constable Maina Njogu.
The accused further told Principal Magistrate Antony Mwicigi that he was yet to be supplied with witness statements by prosecution alongside photographs that were taken at the scene of crime.
Njogu who is out on a Sh. 400,000 bond is charged with defiling a 14-year old girl on September 30, 2017 while she was being held at Murang’a police station.
Through his lawyer Joseph Kirubi, Njogu told the court that during the trial, he will rely on the witness statements and photographs that were taken at the scene of crime.
DNA results are yet to be released as well as other crucial statements that will be relied upon by the defense during the trial, said Kirubi as he opposed start of the trial.
Mwicigi ruled that the case will be heard on February 22 and warned the prosecution against delaying supplying the statements among other documents to the defense as the law provides.
The prosecution had assured to obtain the report and give the same to the defense for scrutiny and this has not happened. The matter has been pending since October last year, posed the magistrate.
On November 17, the matter failed to kick off after the accused objected application by prosecution indicating that DNA results will be used in the trial.
Three weeks ago, the minor who disappeared from the custody of Witness Protection Agency on December 9 was traced in her father’s home within Kajiado County.
She has since been relocated to another safe house by the agency to enable her adduce evidence on what transpired in the cells on the fateful night.
Source: Kenya News Agency