Arrested Diani gays to remain in police custody
20 February 2015, 21:08
Nairobi - Two suspected gays arrested in Diani will continue being in police cells until 24 February 2015 to take plea of their case.
The two George Maina Njeri and Caleb Omar Idris appeared before resident magistrate Christine Njagi but they were not allowed to plea until investigation into their case is completed.
They are charged with practicing unnatural offences contrary to section 162 (a) of the penal code.
The two were found being male adults in practice and having canal knowledge of themselves against the order of nature between 2 and 17 2015 at Tandoori area within Ukunda township in Kwale county.
State prosecutor George Mungai asked the court differ plea for the two until the investigation is complete.
Mungai said there are more other suspects including foreigners and locals who are at large.
“We ask the court to give us more days and hold the two at Diani police station,” he said.
Prosecution also asked the court to direct the two suspects to go for a medical test at Msambweni hospital since they had earlier refused to comply.
“They have refused to comply to have medical examination and o we want the court to help,” said Mungai.
Lawyer David Omuya holding brief for lawyer M. K. Maundu for the accused persons told the court that he had instruction to get bond and alternative of cash bail for his clients.
‘Since prosecution is asking for more time to hold the suspects we have no objection but it should be done immediately to avoid holding the two indefinitely, “said the lawyer.
He disputed claims by prosecution that his clients refused to comply for medical examination noting that police had harassed them.
“They are ready to comply but police were harassing them which is against their constitutional rights,” said.
Omuya said the police were in plains clothes and so his clients could not identify them.
State prosecutor Mungai told the urged the accused to comply with medical examination as they work out to deal with police who harassed them.
Magistrate Christine Njagi set dates for the suspects to take plea on 14 February 2015 on Tuesday.
Njagi said that the accused should e taken for a medical examination and results submitted before the court.
“They will be held in Diani police station as investigation goes on, “said Njagi.
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