11 in court for live-streaming porn in Mombasa – VIDEO
By BRIAN OCHARO bocharo@ke.nationmedia.comTen women and a man have been charged with trafficking an obscene publication by producing and streaming pornographic videos through social media.
The suspects appeared before Shanzu Senior Principal Magistrate Florence Macharia and denied involvement in the offence.
The suspects are Merceline Atieno Onyango, Mariam Hamza, Dolly Kanana, Luareen Achieng, Salma Makeri, Knight Aluoch, Feith Mbesa, Diana Wairimu, Anita Mburu, Christine Mueni and Enock Elisha.
The charge sheet states that the suspects, “for purpose of trade, conveyed obscene publication namely transmission of pornographic video streaming intended to corrupt morals”.
They are accused of committing the offence on July 10, this year, at Simba Estate in the posh Nyali area of Mombasa.
Police sought more days to unravel the syndicate that involves an international company of Canadian origin.
State Counsel Shakwila Ayekha said the suspects are believed to be working with the international company through a chat website to promote sexual exploitation of minors.
SEVERAL CAMERAS
The prosecutor said police needed more time to investigate the 16 laptops, several cameras, mobile phones and artificial penis recovered from the house, which were being used to facilitate the trade.
The items, which were recovered from an apartment in Simba Estate, Nyali constituency, will be taken for forensic examination.
“Ms Atieno operates an online webcam platform known as Chat Bate in conjunction with an international online media company namely Multimedia LLC in which she is part of the administrators,” Mr Ayekha said.
He said the police wanted especially Ms Atieno who is the administrator of the website and the owner of the building detained to prevent her from deleting information contained in the machine and the website.
“She has the passwords to the website, we are apprehensive that when released, she might delete the contents, which is a key evidence in this case,” the prosecutor said
He said the woman is a flight risk since she has been in the US and still has links with the international online media company which has an origin in Canada.
DENIED BOND
The state also wanted the suspects detained on grounds that they are likely to communicate with their accomplices who are still at large and who the police are still looking for.
“We are suspecting that other suspects who are involved in this trade are minors who are being used for commercial sex purposes. We ask that the suspects be denied bond at this juncture to allow full disclosure of the trade that is focusing on the minors,” Mr Ayekha said.
He said that the suspects are likely to face more serious charges after the investigations into the whole syndicate is finalized.
The suspects through their advocate Titus Kirui however opposed the application by the prosecution to detain them for five more days on grounds that the police have had enough time to conclude their investigations.
Mr Kirui said the police should not have charged the suspects if they knew they had no evidence to table against them.
“No evidence or compelling reasons have been table in court to warrant denial of bond. The offence is just a misdemeanor hence the suspects should be released,” he said.
He claimed that his clients were arrested without a warrant and that they were subjected to corporal punishment at the police station after they were arrested and that they were arraigned in court after the 24 hours required by the law had elapsed.
The advocate also poked holes into the charges claiming that the case has no complainant since it has not been stated.
“Who is the complainant in this case? The offence is just a misdemeanor, “he said.
Mr Kirui said the charges against the suspects was not serious since upon conviction, they are liable to two years’ imprisonment or a fine of Sh7,000 or both.
The magistrate directed that the suspects be detained at Nyali police station until next week pending bail ruling.
The court will deliver the ruling on July 16.