A Nakuru court on Tuesday ordered that three children who were arrested during an illicit brew raid be released to their aunt.
The children aged 12, eight and three were arrested on July 5 at Mchanganyiko area in Nakuru north constituency and charged of being found in need of care and protection over what the state claims was neglect.
Milcah Kehuro who is the Aunt to the children through her lawyer Steve Kabita on Monday filed an application in court seeking orders to have the children produced in court.
Kabita said that the children are in need of car and protection after being taken to children’s home, he further requested the court to release the children to their Aunt.
“The children has been out of school and it can be a subject to suffering, the children identified their Aunt and the prosecution has interviewed them to ensure they know their aunt,” he said.
Kabita had made an application to the court on Monday after their home was burned down and the children arrested.
“The minors arrested by the state agents during an illicit brew crackdown have not been produced in court as required by law. Necessitating a plea for grant of Habeas corpus orders against the respondents,” reads part of the application.
The minors’ parents are also said to have disappeared mysteriously since the crackdown on July 5.
Children’s court Magistrate Judicaster Nthuku on Monday ordered the Ahlul Bayt children’s home to produce the three minors in court on Tuesday which they did.
Nthuku questioned the management of the children‘s home on why they kept the children for over a week in the institution without a valid court order.