The Office of the Director of Public Prosecutions has withdrawn cleared Kajiado West Assistant chief Samuel Kuyioni ole Nkuyiayia of any wrong doing.
Nkuyiayia was arrested and locked up through the orders of Kajiado West Deputy County Commissioner, William ole Kakimoni.
He was alleged to have aided the circumcision of an 11 year old pupil at Naning’oi Primary School and later attended a wedding which her parents had organised to marry her off to a 50 year old man.
In referrence to the case lodged at Kajiado law court – Case No. 731/120/2018 Republic Vs Kuyioni ole Nkuyiayia – prosecution counsel Robina Akoth from the ODPP said the chief has no case to answer.
Akoth instead said, through a letter dated June 14, 2018, that from the witness statements and evidence on record the right persons to be charged in the matter are the father of the minor the purported ‘husband’, one Pimwa ole Ngusur.
She said the two persons should be charged with the offence of subjecting a child to harmful cultural practices contrary to section 14 as read with section 20 of the Sexual Offences Act, 2006.
The revelation of who to be charged in the case comes out one day after Kajiado County Commissioner David Kipkemei clashed with Kajiado West MP over the manner in which the administrator was handling chiefs in his crusade to end FGM in the region.
After receiving recommendation from his deputy, Kakimoni, after the incident, Kipkemei ordered the arrest of the chief.
Sunkuyia’s contention with Kipkemei was the manner in which the chief was arrested while in uniform and taken to court before he was remanded at GK Prison in Kajiado town.
“I have no other quarrel with Kipkemei in his quest to end FGM in this county. In fact I support the CC fully, but I differ with him in the manner he is handling chiefs suspected to have committed offences,” said the MP on Tuesday.
Sunkuyia said the CC should be humane in handling those cases because they even happen without the knowledge of some chiefs.
“Before somebody is arrested, the government has competent investigators who he should use to get the right facts. The prosecutors have cleared the assistant chief now, how will he handle his junior after this?” asked Sunkuyia on the phone.
How KNU Broke the News
A woman in Mosiro, Kajiado West Sub County, has been arrested for allegedly ejecting her 11 year old daughter to pave way for her marriage.
The woman is alleged to have also secretly forced her daughter to undergo the grueling female genital mutilation in preparation to hand her over to a new suitor.
The minor, who was a class two pupil at Naning’oe Primary Boarding School and Rescue centre, is said to have gone home with her mother who suspiciously picked her in school.
According to Children’s Officer in charge of Kajiado North and Kajiado West Sub Counties, Stanley Rotich, police with the help of the area chief arrested the woman who is expected to appear in court on Monday.
Rotich said police and the local administrators have intensified search for the missing minor, who is suspected to have been married off to a middle aged man in Mosiro, Narok County.
The children’s officer however said the vastness of the two counties with poor road network has hampered the child’s rescue mission.
“Kajiado West Sub County Maasai Mosiro and Esonorua clans are still adamant to change from the outlawed cultures of female cut and early marriages,” said Rotich.
“The girls in these regions are very insecure in the hands of their own parents and care givers since they are forced into early marriages after secretly being cut,” reiterated the child rights defender.
The latest incident of early marriage comes barely two weeks after two chiefs were interdicted in Kajiado County for attending celebrations for minors and condoning outlawed FGM practice.
During recent Madaraka Day celebrations, Kajiado County Commissioner David Kipkemei directed the chiefs to fight FGM and early marriages in their areas of jurisdiction and failure to report such incidences will lead to dismissal from service.
The CC noted that all the chiefs must know and be aware of all the activities happening in their localities.
“We must endeavor to protect our girls by ensuring that their rights are protected at all cost,” said the tough administrator. “Those who are thinking girls are used for batter trade of cows and goats will face the full force of the law,” said the CC.
Similarly, Kajiado West Sub Deputy County Commissioner William Kakimoni directed the teachers to protect the girls in schools and be the first ones to raise alarm over suspicious parents whenever children are absent from school.