A Migori-based Magistrate, who was arrested last week after being busted with a ‘minor’ at a lodging in Bomet, wants charges against him dropped.
James Ongondo, a Senior Principal Magistrate practising at Kehancha Law Courts, was arrested on March 31 at the lodging located at Kaplong Centre.
The 51-year-old has dismissed claims by the police that the said girl is 17 years old.
In a petition filed in court through lawyer John Sakwa, Ongondo claims he has evidence to show the alleged underage girl is 22 years old.
Ongondo details, in court documents, that he is a married man and a father.
On the material day, he was at a social function with friends when he was approached by police officers who accused him of having an affair with a minor contrary to the law of the land.
His lawyer says he got drunk and was in the company of a lady, which is not illegal considering he was off duty.
“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,” the court papers read.
The suspect further claims that he was arrested while transferring some of his belongings from the car to the room that he had reserved with the lady.
He tried explaining to the cops that the lady was over the legal age of 18 but they could hear none of it.
The magistrate further notes that he later learnt that it was the manager of the establishment who called the police on him.
According to the suspect, attendants at the joint had served the lady alcoholic drinks without any issue.
“……but the alcohol came tricking to the table,” says the magistrate
He claims, the staff who helped them book a room at the facility also never questioned the girl’s age.
The magistrate further says he verified the lady’s age after getting hold of her birth certificate which indicates she is 22.
He now wants the court to compel the Directorate of Criminal Investigations (DCI) to drop the matter saying he didn’t break any laws.