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{
    "id": 1474187,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1474187/?format=api",
    "text_counter": 89,
    "type": "speech",
    "speaker_name": "Sen. Mumma",
    "speaker_title": "",
    "speaker": null,
    "content": "impregnation of a minor from Kigoto Village in Suba South Sub County in Homa Bay County. The child victim was 13 years old at the time she was defiled allegedly by her paternal uncle in December 2021. The case was reported in March 2022 when it was discovered that the child was pregnant. The child’s mother later filed a case at the magistrate’s court in Mbita and it was almost due for judgment but was halted and has had to be started afresh. The accused has been granted bail and allowed to return to the community in which the minor and her child would ordinarily be residents. His subsequent conduct is in contravention of normal terms of bail, particularly as he is reportedly pressuring the minor and potential witnesses to halt the case, with the minor’s mother being the recipient of threats emanating from her in-laws. It is imperative given the sensitive nature of issues and the power dynamics involved to assess the legality and fairness of the decision to grant bail to the accused as well as its impact on the pursuit of justice for the minor and whether it is in the best interest of the minor. In the Statement, the Committee should- (i) Apprise the Senate on the current status of the legal criminal proceedings instituted at the court in Mbita vide Case No.SOAE10/223, concerning the case of defilement and consequent incestuous impregnation of a 13-year old minor from Kigoto Village, Suba Sub County allegedly by her paternal uncle. (ii) Assess the fairness of granting bail to the accused since it has compelled the minor and her child to reside at a rescue centre away from her home for over a year as she awaits receipt of a just outcome from the legal proceedings, with specific reference to any protective measures in place for the minor and her child as well as her parents. (iii) Inquire into the adequacy of victims support services being offered to the minor and her family, especially considering the child’s psychosocial and economic vulnerability and that of her family. (iv) Scrutinise the overall treatment of defilement cases in the justice system, with particular attention to the delays and restart of cases, grant of bail to such accused, and the risks of witnesses intimidation and frustration of justice and propose recommendations to ensure that justice for the child victim is neither delayed nor denied. I thank you."
}