Drama and confusion engulfed a Thika court as the Office of Director of Public Prosecutions (ODPP) and the Directorate of Criminal Investigations (DCI) clashed over a missing file in the prosecution of a Catholic Priest accused of defiling a destitute aged 13 years.

The priest, Fr. James Kamau Kairu based at Eldoret Parish, appeared undisturbed as he sat comfortably on the dock and watched as the blame game took centre stage with the DCI and the defence lawyers accusing the ODPP of mischief.

This came as Jackline Gitau, one of the defence lawyers, told the court that the ODPP has been taking them in circles citing a secret agenda to derail the suspect from taking plea.

DCI clash with ODPP

The Priest, DCI says, was arrested on January this year and has been out on police bond awaiting prosecution. On Thursday, March 7, he was brought to court to take plea when the court heard that the file went missing.

Angered by the unfolding scenarios, Thika Chief Magistrate Stella Atambo reprimanded the ODPP and DCI telling them to put their houses in order.

Atambo noted that it was shameful for such a sensitive case to be handled in a haphazard manner.

She could not fathom why the suspect was brought to court without a file or charge sheet, adding that without these documents, her hands were tied for she could not incriminate him or release him.

She first ordered the suspect to be held briefly in the court basement cells as she sent for the file, but the defence lawyers and DCI came latter empty handed claiming the ODPP has refused to release the file.

However, Toros Jebet the court prosecutor denied any foul play saying they called back the file as there were recommended requirements which the DCI did not meet.

But since the priest was arraigned in court without a file or charge sheet, and there was a clear clash on the roles between the ODPP and DCI in handling the matter, the Chief Magistrate said it would be very unfair for the DCI to continue holding the suspect in cells.

Priest adopts child

The priest is alleged to have been defiling the minor 4 consecutive years since he adopted her after taking her from a children’s home based in Makongeni in Thika.

The child, according to the children department, was rescued when found abandoned at Mukawa village in Gatuanyaga Thika East in the year 2009 and taken to Community of Hope children’s home.

She was 4 years old by then. In 2015 when she was 9 years old, the priest is said to have adopted the child and took her at a rented house in Buruburu Nairobi where they lived with a “wife” who will also be enjoined in this case.

After this affair erupted, the duo have since separated leaving the child with no one to help her. However, the children department has secured her a refuge awaiting the outcome of the case.

It is not clear whether the priest walked out on a police bond as efforts to reach Thika DCI were fruitless.