• According to court documents, he is a married man and a father, and on the relevant date, he was at a social function with his peers when he was approached by police officers.
• According to his lawyer, John Sakwa, the magistrate enjoys drinking with friends after completing his official duties, which is a common practice around the world.
James Ongondo, a Migori-based magistrate, has petitioned the court to halt his prosecution.
The magistrate was arrested after allegedly being caught with a minor in a hotel.
He states in court documents that he is a married man and a father, and that on the relevant date, he was at a social function with his peers when he was approached by police officers.
According to his lawyer, John Sakwa, the magistrate enjoys drinking with friends after completing his official duties, which is a common practice around the world.
He claims he became inebriated and was off duty, and that he was in the presence of a lady, which is neither illegal nor prohibited by law.
“The Petitioner/Applicant was inebriated, having induced a few alcoholic drinks because he was away from official duties and in the midst of his peers celebrating a milestone accomplished by one of them,” according to the court papers.
He also claimed he was detained while retrieving his belongings from his car and transporting them to the room he had reserved for himself and the lady.
He continues by saying that he tried to explain to the officers that the lady was over the age of 18, but his plea was ignored.
He claims that the officers informed him shortly after his arrest that the hotel’s owner had filed a complaint.
According to him, the lady had been drinking alcoholic beverages with him and his friends, but the establishment never objected to her age.
“……but the alcohol trickled onto the table,” the magistrate says.
Furthermore, the staff who assisted him in booking the room never objected.
He claims to have verified the lady’s true age by producing her birth certificate, which shows she is 22.
Although the magistrate claims he has not broken any laws, the DCI intends to charge him for failing to honor marital vows.
“THE Applicant has also received several complaints alleging that he has been quite harsh in his conduct with the 1st Defendant/Respondent -DCI as he does not entertain any excuses or actions intended to delay the prosecution of matters before him,” the documents state.
He claims that he was informed that the police had vowed to teach him a lesson.