A German national charged with several counts of defilement and child pornography will remain in custody after the court directed bail ruling to be made on Thursday next week.
The suspect’s lawyer, John Sakwa, representing Thomas Scheller had requested the court to release the German on bail arguing that he is sickly and old.
“My client is 71-years-old and vulnerable to COVID-19 virus, being in custody and based on the affidavit, the court should not be swayed to deny him bail,” Swaka told the court.
The prosecution, however, opposed the application stating that the case against Scheller is a serious offence and he is a flight if released on bail or bond.
The prosecution argued that they were ready for a hearing and all witnesses are available.
Senior resident magistrate Caroline Muthoni said that she had received a report from the Children report as requested by the court and needed time to go through it being making a ruling.
In June, the magistrate had detained the accused more days pending investigations.
The court’s decision came despite the prosecution seeking to detain Scheller for 60 days, a period the presiding magistrate said was too long.
On May 26, Scheller was charged with the said offences in addition to being unlawfully in Kenya and child trafficking.
It is alleged that between March and April at Nyalenda in Kisumu Central, he defiled a 13-year-old child.
He was also charged with two counts of showing a pornographic video to the young boys.
“On dates between the months of March and April at Nyalenda in Kisumu, he unlawfully and intentionally exposed a child aged 13 years to an indecent audiovisual,” the charge sheet read.
It is alleged that he intentionally and unlawfully recruited, transported and harboured a 13-year-old child for purposes of exploitation by means of fraud.
He was charged with three counts of defiling three minors, the youngest being 10, by sodomising them. He was also charged alternatively with committing an indecent act with a minor.
Scheller denied all the seven counts and it was his argument that he wanted to help the child and the mother agreed but anything else is a lie.