Kisii magistrate James Ongondo has petitioned the High Court seeking to stop the DPP and the DCI from prosecuting him over alleged defilement allegations.
In documents filed in court, Ongondo who was arrested on Friday last week in a lodging with a 17-year-old girl in Kaplong, Sotik in Bomet county, wants the High Court to issue conservatory orders barring the DPP, Inspector General of Police and Director of Criminal Investigations from arresting, arraigning him in court or instituting criminal proceedings against him on the basis of impugned investigations pending the hearing and determination of his application.
"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 in court papers.
Through lawyer John Swaka, the magistrate wants a stay of his prosecution at the Bomet court.
According to the court papers, Ongondo was arrested after the lady in his company informed DCI officers that she was under the age of 18 years which necessitated his arrest.
Kehancha Senior Principal Magistrate Ongondo was then arrested at a lodging where he had booked a room.
Ongondo says he is a married man and a father and that he is prone to sharing a drink with friends after conclusion of his official duties, an activity that is embraced worldwide.
In his petition, the magistrate says he was attending a social function among his peers when he was escorted by officers from the DCI for being with an underage girl.
He faults the owner of the bar where he was allegedly found with the minor for failing to verify the age of the girl and allowing her to have alcoholic beverages at the establishment.
“At no point did the owner of the establishment verify the age of the girl (name withheld) as alcoholic beverages kept trickling to the table. The waiter serving the table did not raise any issue at any point”, he claims.
Ongondo adds that the manager of the establishment had never seen him in the company of the young lady before March 31 or April 1, 2022, and as such could not attest to her true age.
The magistrate states in his court documents that he has since verified the true age of the girl through the production of her birth certificate which shows that she is aged 22 years.