A 23-year-old woman has been charged with defiling a Standard Eight boy in a police cell where they had been detained for different offences.
But when she appeared at Milimani Law Courts on Wednesday, Naomi Nechesa Sanya denied that she engaged in sex with the underage boy at the Riruta Police Station on Sunday night.
Senior Principal Magistrate Kennedy Cheruiyot heard the accused, who is being investigated for the offence of murder, met the complainant along the corridors of the police station cells.
“The 15-year-old boy had be arrested over a drug-related offence and could not be detained with adults in the cells,” State prosecutor Kennedy Panyako told the magistrate.
The prosecutor said the boy was in the corridors of the police station when the accused bumped into him.
The accused denied two counts of defilement and indecent assault.
Nechesa applied to be released on reasonable bond terms saying “I have an 11-month-old baby who is breastfeeding.”
She further pleaded, “Since my arrest and detention on Sunday I have not seen my baby neither have I breastfed her.”
The accused told the magistrate it is the child rights to be breastfed and separating her from her mother is a breach of the baby’s’ rights to suckle and to motherly care and attention.
“I urge this court, in the name of my child’s rights, [to] release me on bond or direct police to go to my residence and pick my baby and re-unite her with me at the police station,” Nechesa pleaded.
She said that she will plead guilty to the murder charge once investigations are completed.
Mr Panyako opposed the bail plea saying murder investigations are underway.
In his ruling, Mr Cheruiyot directed police to re-unite the woman with her baby so that she can breastfeed her.
“I direct police pick the baby from the suspect’s residence then take her to the accused at the Riruta Police Station to breastfeed her,” the magistrate said.
He also ordered that the defilement case be heard Thursday since the boy is being held in a children’s’ detention home.
The magistrate further directed that Nechesa remains in custody to help police conclude the capital offences investigations.