A Senior Principal Magistrate yesterday petitioned the High Court seeking to stop the Director Of Public Prosecution (DPP) and the Directorate of Criminal Investigations (DCI) from prosecuting him over claims of defiling a 17-year-old girl.
In a lawsuit filed under a certificate of urgency , James Ong’ondo is seeking orders restraining the police from arresting and charging him.
Ong’ondo was arrested last Friday in a lodging with the alleged minor in Kaplong , Sotik in Bomet County .
At that time he was bumped by detectives in a room he had reserved only to be found in company of a minor minutes after he had a good time with the 17-year -old girl .
“The court be pleased to issue an interim order restraining DCI, IG and the DPP, their agents , servants or employees from arresting arraigning in court , charging and prosecuting the petitioner or otherwise instituting criminal proceedings against the magistrate pending the hearing and determination of the main petition , ” he states .
Through his lawyer , the magistrate wants a stay of his prosecution at the Bomet High Court .
The Court papers states that Ong’ondo was arrested after the female in his company informed DCI officers that she was 18 years .
However, Senior Magistrate Ong’ondo claimed that he was in the room in company of 22- year- old female .
Ong’ondo faults the bar owner for failing to verify her age before allowing her to have an alcoholic beverage .
He also states that he has since verified the age of the girl through the production of her birth certificate which shows she is aged 22.
