Frederick Mungai, an Uber driver accused of sexually assaulting a 13-year-old boy in Nyali, Mombasa, has been freed on Ksh50,000 cash bail.
Mr Mungai was arraigned in Shanzu Law Courts on Wednesday. However, he did not take a plea after the court faulted the wording on the charge sheet.
“According to law it is not “indecent act” since the mouth is not a genital organ. Get a proper charge,” Senior Resident Magistrate Yusuf Shikanda told the Prosecution.
The Magistrate ordered the prosecution to write the charge sheet afresh and the suspect to reappear in court on July 23 for plea taking.
In the case, the driver is accused of forcing the Light Academy pupil to perform oral sex on him.
Nyali Deputy-county Police Commander Ibrahim Dafalla said the suspect had picked the boy from school on Monday after a request by his aunt when the incident happened.
“It was reported to us that before the driver could get the boy home, he stopped the vehicle and conducted the indecent act on him,” said the police boss.
According to the boy’s mother, the family’s taxi driver was unreachable, prompting her to request an Uber ride for her son.
“I was engaged at work and had to request for the Uber so that my son could get home because it was getting late. I usually pick my son from school, but whenever I am held up I call our taxi driver who was by then not around,” said the Class Eight pupil’s mother.
She told a local media that the driver locked up her son in his vehicle after arrival, forcing him to do the indecent act, just a few metres from her house.
The woman said, her sister, who was supposed to receive the boy home, got concerned after she realized that the trip had ended and the boy had not arrived in the house.
“My sister went to out to look for him and that’s when she saw the car parked by the roadside. When she approached it that’s when the boy came out and ran.
“When my sister questioned the driver what was happening, the man claimed that the boy could not locate their house,” she said.
In the middle of the conversation, the boy ran into the house and rushed into the bathroom to brush his teeth.
After quizzing him, the boy narrated the ordeal prompting the family to rush him to hospital.
“I was shocked to hear that and I rushed my child to the hospital and later reported the matter to the police. Both my son and the man were taken to a public hospital for further check-up and I thank God that my son is safe,” she said.