A case where a 73 year-old man is accused of defiling a 13 year-old girl risks being thrown out of court after the complainant failed to appear before court for the second time. Thika Resident Magistrate Clare Bartoo instructed the prosecution to ascertain the whereabouts of the 13 year-old complainant and her mother as the case cannot continue if the complainants are not available in court. She agreed to one more adjournment until May 26, whereby if the complainant or her mother is not present in court, the case would be thrown out for lack of complainants. The accused Josphart Gitonga is accused that on November 15, 2014 in Kagere village of Ndakaini trading centre, Muranga County, he defiled a 13 year-old girl who had visited his residence to help in household chores. Prosecuting Chief Inspector Josephine Wambua told the court that the accused person used to receive guests of all kinds in his house who used to help him cook, wash his clothes and utensils as he was of advanced age and that was why the complainant had visited him that day. The complainant had just finished doing laundry and was about to leave the house when the old man pushed her into his room and locked the door where he defiled her severally and threatened to kill her if she divulged the information to anyone. The prosecutor promised the court that they will follow up the matter with the investigating officers to verify what really happened to the complainant as they suspected the case might have been settled out of court. The accused was released on a Sh 300,000 bond and a surety of a similar amount.

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