Nakuru Chief Magistrate disqualified herself on Thursday from further hearing of a case against a Njoro Girls’ teacher who is accused of defiling and sexually molesting six girls.
Chief Magistrate, Doreen Mulekyo said that the conduct by the prosecution has made it hard for her to maintain her objectivity.
“The history of the conduct of the matter has made it impossible for the court as trial court to maintain the objectivity required of me and for this reason I disqualify myself from further hearing of the matter,” she said
Mulekyo said she was disgusted and disappointed by the way the prosecution kept amending and substituting the charge sheet which does not provide a way forward to the court.
She further ordered the dates be presented on Friday before another judicial officer who is competent to hear the matter.
The charge sheet has so far been amended five times since the matter was first brought before her.
State counsel Nelly Ngovi applied that the prosecution wanted to amend the charge sheet to correct the difference in dates on account of two and five of indecent conduct on minors.
The two accounts state the crime was committed in 2014 but according to prosecution, the witnesses gave the dates as February 14, 22 and 23, 2015 to the investigating officer instead of same dates in 2014.
Paul Gicheri, 52, a Kiswahili teacher at the school faces a defilement charge against a 15 years old and other five accounts of sexually molesting girls from Njoro Girls High School.
He pleaded not guilty to all the five accounts and was released Sh200,000 cash bail and to report to OCS Njoro police station every Friday.
Gicheri’s lawyers Karanja Mbugwa and Ochang Ajigo urged the prosecution to go back into the drawing board and make amendments for the last time since it has take a lot of time for the case to proceed.
The case has so far proceeded with a minor testifying on camera on July 8.
The will case be mentioned tomorrow before a plea court for the prosecution to substitute the charge sheet and pick a hearing date for the case to proceed.