A United States of America national has been charged at a Nairobi court with indecent handling and defiling a ten-year-old minor contrary to the law.
Kircovic Michael Daniel who is a United States citizen denied the charges levelled against him before the Milimani magistrate Elizabeth Muiru.
The prosecution told the court that the offence took place on diverse dates between August and December 2022 in the Parklands area in the Westland sub-county within Nairobi county.
The court heard that the accused person would have been charged earlier since the offence took place two years ago but when he was summoned it was said that he was in his home country.
The court issued a warrant of his arrest which was valid until when the matter was mentioned and he appeared online and the court considered lifting the warrant.
His lawyer told the court that Daniel had been sickly from a very serious health condition where he could only survive with an oxygen concentrator which needs to be charged every 4-5 hours to assist him in breathing,
“Your honour my client has been sickly in and out of hospital and needs an urgent surgery in the United States as soon as possible to save his life,” the lawyer submitted.
While applying for his release on lenient bond terms, the lawyer urged the court to note that he produced himself voluntarily in court to face charges and he is willing to comply with rules to be set by the court.
He told the court that the accused arrived in the country on Friday last week from America and he was held in the airport for five hours despite his warrant of arrest being lifted by the court,
“Your honour my client was put to caveat at the airport for five hours and they could clearly see his condition on a wheelchair absconding the orders of this court,” said the lawyer.
The lawyer further prayed for the court’s indulgence to have the caveat of his travel documents in the airport lifted so that he could fly back to his home country for treatment.
In response, state prosecutor Vicky Owuor admitted that the accused person was ailing and there was no best facility to hold him if denied bail and he urged the court to grant him bond,
“Your honour we do not oppose the release of the accused person on bond considering his health condition since we don’t have best facility to held him if not granted bail,” Owuor told the magistrate.
He prayed the court to schedule the hearing of the matter in three months to have the accused person access treatment before the hearing commences.
In his ruling, the magistrate noted the health condition of the accused person citing that he has the right to access medication considering his status,
“I have noted the health condition of the accused person and the submissions by the prosecution not objecting his release on bond since no best facility to have him in his condition,” the magistrate noted.
She continued and released him on a cash bail of Sh 1 million with two contact persons.
The magistrate further gives orders his travel documents be released to him.
The matter will be mentioned on January 28, 2025, to confirm his medical progress.
