The Director of Public Prosecutions (DPP) has charged Mombasa-based human rights defender Caleb Okumu Ngwena with trafficking two minors for purposes of sexual exploitation, defilement and committing indecent acts with children.
Ngwena appeared before Shanzu Law Courts on Tuesday and was charged with two counts of trafficking in persons under Section 3(3) as read with Section 3(5) of the Counter-Trafficking in Persons Act.
The prosecution alleges that Ngwena transferred two children, aged 16 and 17, from Mombasa County to Kiambu County for purposes of sexual exploitation. The charges are linked to the disappearance of the two minors from Kiembeni in Kisauni Sub-County on the night of August 25.
Earlier investigations by detectives established that the minors had allegedly been taken from Sensera in Kiembeni and transferred to Kiambu County. Police said the children were confined in an empty room, with one of them allegedly sexually assaulted.
The minors were later rescued in Kasarani, Nairobi, after detectives traced their whereabouts. Investigators also examined phone records, mobile-money transactions and other electronic evidence as they worked to establish what happened to the children.
Ngwena faces a separate charge of defilement under Section 8(1) as read with Section 8(4) of the Sexual Offences Act. The prosecution states that the alleged offence occurred on August 26, in Kiambu County.
He also faces two counts of committing an indecent act with a child under Section 11(1) of the Sexual Offences Act.
Ngwena pleaded not guilty to all the charges. Through his lawyers, he applied to the court to be released on reasonable bond terms.
The prosecution, led by Principal Prosecution Counsel Keya Ombele and Prosecution Counsel Orina Sagini, urged the court to consider the seriousness of the charges when determining the bond application.
The court granted Ngwena a bond of Sh800,000 with one surety, or an alternative cash bail of Sh500,000 with one contact person.
Ngwena had previously been detained as detectives continued investigating the disappearance of the two minors. During an earlier court appearance, prosecutors argued that the children were vulnerable and that releasing the suspect could interfere with investigations.
Police had also indicated that another suspect allegedly linked to the incident remained at large as investigations continued.
The case will be mentioned on October 1, for pre-trial directions and fixing of hearing dates.
