Police in Isiolo have been allowed to continue holding a 60-year-old man who had married a 13-year-old girl in Biliqo, Merti Sub-County.
Mr Ali Matamolu was arrested few days after Gender CAS Rachel Shebesh last month’s tour of the county where she expressed disappointment with the security organs for delay in arresting him two weeks after the minor was rescued by Somali Self-Help Group led by Chairperson Fani Mohammed.
The suspect was arraigned on October 16 and charged with defilement and indecent act.
The court heard that he committed the offence on diverse dates between November 27, 2019 and December 30, 2019.
It is reported that the suspect had been cohabiting with the Grade Three girl from March when schools were temporarily shut down due to Coronavirus pandemic.
The minor was rescued while she sought menial jobs in Isiolo town after running away from the suspect’s home about 230 kilometres from the town.
The girl then met one of the members of Somali Self Help Group that agitates for women and girls’ rights whom she opened to who then later reported the incident at Isiolo Police Station.
Appearing before Isiolo Principal Magistrate Evanson Ngigi, the accused pleaded not guilty to the two counts.
The prosecution counsel Denis Mang’are opposed his release on bail or bond arguing that he would interfere with witnesses and ongoing investigations.
The lawyer asked the court to only allow his release after the minor is placed under safe facility such as the Child Welfare Society of Kenya.
“The girl is a victim of early marriage and defilement and do seek that she be placed in a facility,” Mr Mang’are pleaded with the court.
The suspect allegedly involved the victim in harmful outlawed cultural practices and early marriage according to the investigating officer Nicholas Maurice Odero.
The officer sought more 10 days to finalize probe and ensure other suspects including the girl’s father who married her off to the suspect is arrested.
Magistrate Ngigi directed that Mr Matamolu be detained at Isiolo Police Station until November 28 when the case will be mentioned before mobile court in Merti for setting of the hearing date.
Further, the court said the suspect will only be allowed to apply for release on bond or bail after the minor testifies in court.
“I direct that the minor be placed temporarily at Child Welfare Society of Kenya and a children officer’s report be submitted in court by November 2, 2020,” the Magistrate said.
Despite existing laws, forced marriages remain major impediment to girls’ access to education especially in the far flung areas in Isiolo.
