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Mukuru kwa Ruben man charged with defiling High School girl

A man accused of marrying a minor who had gone to live with him after dropping out of school for lack of fees is battling defilement charges at the Makadara Law Courts in Nairobi.

Joshua Mutinda Musembi was charged with defilement in contravention of section 8 (1) of the sexual offences Act (SOA) of 2006.

He is accused of violating the minor, aged 16, and identified in court documents as ENM on diverse dates between March and November 2, 2023, at his rented house in Mukuru kwa Reuben slums in Nairobi.

The suspect is facing an alternative charge of intentionally and willfully committing an indecent act with a minor contrary to section 11 (1) of SOA during the same period at the same place.

Musembi is facing a second charge of subjecting a child to early marriage in violation of section 14 as read with section 20 of SOA where he is accused of intentionally and unlawfully cohabiting with ENM as husband and wife thereby subjecting her to early marriage.

The suspect and the minor met at a church in the area in December 2022 and started a friendship that later developed into a love affair.

He took her to his house a few days later where they spent a night before she returned home.

ENM who was a form two student at a public school in Lunga Lunga slums dropped out of school in March 2023 because her parents were unable to pay her fees.

She left her parent’s home and went to live with Musembi at his house.

The two lived together until November 2, 2023, when they quarreled at their house over infidelity.

The minor had gone to a nearby informal institution where she had been seeking help to train in hairdressing but Musembi did not trust her and an argument ensued between them.

The suspect allegedly assaulted the minor after she started packing her belongings to return to her parents’ house.

They later went to meet the suspect’s parents who escorted her to her mother’s house.

The matter was reported to the area chief’s office who called the police and Musembi was arrested pending investigations.

He denied the charges before Senior Principal Magistrate Hellen Okwani of the Makadara Law Courts.

The suspect was remanded in custody at the Nairobi Area Remand Prison until November 23, 2023, when the Department of Probation and Aftercare Services will present his social inquiry report before the court to help in setting bail and bond terms for him.

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