DPP clears Kajiado chief over circumcision of minor claim

By Kurgat Marindany

The Office of the Director of Public Prosecutions has cleared Kajiado West Assistant Chief Samuel Kuyioni ole Nkuyiayia of any wrong doing.
Nkuyiayia had been arrested and locked up on the orders of Kajiado West Deputy County Commissioner, William ole Kakimoni .
He was alleged to have aided the circumcision of an 11-year -old pupil at Naning’oi Primary School and later allegedly attended a wedding which her parents had organised to marry her off to a 50-year -old man.
In reference to the case lodged at Kajiado Law Court – Case No. 731/120/2018 Republic Vs Kuyioni ole Nkuyiayia – prosecution counsel Robina Akoth from the ODPP said the chief has no case to answer.
Akoth instead said, through a letter dated June 14, 2018, that from the witness statements and evidence on record the right persons to be charged in the matter are the father of the minor the purported ‘husband’, one Pimwa ole Ngusur.
She said the two persons should be charged with the offence of subjecting a child to harmful cultural practices contrary to section 14 as read with Section 20 of the Sexual Offences Act, 2006.
The revelation of who to be charged in the case comes out one day after Kajiado County Commissioner David Kipkemei clashed with Kajiado West MP, Sunkuyia over the manner in which the administrator was handling chiefs in his crusade to end FGM in the region.
After receiving recommendation from his deputy, Kakimoni, over the incident, Kipkemei ordered the arrest of the chief.
Sunkuyia’s contention with Kipkemei was the manner in which the chief was arrested while in uniform and taken to court before he was remanded at GK Prison in Kajiado town.
“I have no other quarrel with Kipkemei in his quest to end FGM in this county. In fact I support the CC fully, but I differ with him in the manner he is handling chiefs suspected to have committed offences,” said the MP.
Sunkuyia said the CC should be humane in handling those cases because they even happen without the knowledge of some chiefs.
“Before somebody is arrested there should be thorough investigations. The Government has competent investigators who it should use to get the right facts. The prosecutors have cleared the assistant chief now, how will he handle his junior after this?” posed Sunkuyia on the phone.

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