A Thika court has been told that a Catholic priest appearing before it for allegedly defiling an 11-year-old girl had a wife and were living in an apartment in Buruburu, Nairobi.

Appearing before Thika Chief Magistrate Stella Atambo, Father James Kimani Kairo, based in Eldoret Parish, pleaded not guilty to the defilement charges.

However, the prosecution opposed him bail arguing that he was likely to interfere with the witnesses as one of them was his alleged wife.

According to the investigating officer – Corporal Tony Musungu, the Catholic priest is legally married to the woman, complete with a sworn in affidavit.

Magistrate Atambo ordered that he be put in custody for two weeks when the court will rule on his bond application.

ODPP, DCI clash over missing files

Last week, the priest was brought in the same court but his file went missing in the hands of the ODPP, forcing the Chief Magistrate to release him as she reprimanded the prosecution.

The priest was later re-arrested and freed on a KSh30,000 Police bond.

Today, the prosecution submitted an application to deny him bail or bond following the provisions of the judiciary bail and bond guidelines that in the likelihood of interference with witnesses, evidence or investigation bond and bail can be denied.

The court heard that the accused (Father Kairo) had adopted the minor on the 17th of November 2017.

Adopting minor

Corporal Musungu also told the court that after the adoption process, the priest took the child to an apartment in Buruburu where he was living with the “wife”.

He also told the court that when the key witness (the said wife) was summoned to the Thika West DCI office to record a statement, she was allegedly abducted on her way and dumped in Nakuru along the Nakuru-Eldoret Highway.

“She was also threatened with death and the matter was reported at the Buruburu police station where it is still under investigation,” Musungu said.

‘Lies peddled against me’

But the Priest, through his lawyer Jackline Gitau, argued that the affidavit was void and inconsequential.

Gitau claimed that the accused was not in any capacity to marry or adopt a child due to his roles as a Catholic priest.

She said that the priest, the victim and the witness had not interacted before at any time, and that he was not aware of them since he was based in Eldoret.

She submitted that the accused was not at flight risk or a threat and so far had been so 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.

But the prosecution led by Christine Torome opposed her statements quoting some incidences where accused persons tampered with witnesses.

The prosecutor quoted Article 10 (a) of the Victims Protection Act stating that a victim has a right to be free from intimidation, harassment, fear, tampering, bribery, corruption and abuse pleading to the court not to give him bond.

Magistrate Atambo concluded by directing that the accused remains in custody until 27th March 2024 when she shall rule on whether to grant bail or not.