Principal Magistrate Caught in Lodging with a Minor Claims the Girl is 22 and Not 17

A magistrate who was allegedly caught defiling a minor at a hotel in Bomet last week has filed a petition seeking to stop his prosecution.

Senior Principal Magistrate James Ongondo of Kehancha law courts says the woman is 22 years old and not 17 as alleged.

In documents filed in court through his lawyer John Sakwa, Ongondo states that on the material date, he was at a social function with his peers when he was approached by police officers.

The lawyer argues that his client is prone to drinking with friends after completing his official duties.

Ongondo admitted that on that day he became intoxicated and was in the company of a lady, which is not illegal or prohibited by law.

"The Petitioner/Applicant was inebriated having induced a few alcoholic drinks being that he was away from official duties and in the midst of his peers celebrating a milestone accomplished by one of them," read court papers. 

He claims he was arrested while retrieving his belongings from his car and taking them to the hotel room he had reserved for himself and the lady.

Ongondo says police informed him that the hotel's owner had filed a complaint but they arrested him despite explaining that the lady was over the age of 18.

He states that the lady had been drinking alcoholic beverages with him and his peers, but the hotel never raised an issue about her age. He adds that the hotel workers who assisted him in booking the room also never raised an issue.

Ongondo now claims to have verified the actual age of the lady through the production of her birth certificate, which shows that she is 22.

The magistrate claims he has not broken any laws, but the DCI intends to charge him for his failure to honor marital vows. He also claims to have been informed that the police had vowed to teach him a lesson.

Last week, a Bomet court dismissed a request by the prosecution to hold Ongondo for seven more days to allow for investigations and freed him on a Sh100,000 bond.

During his arrest, police collected bedsheets and other evidence from the room, and escorted the girl to Kapkatet Sub-County Hospital in Kericho for medical examinations.