Kenya: Father Kizito Sodomy Case Back in Court

(THE STAR) FATHER Renato Kizito who was charged with sodomy two years ago said an application to have him charged publicly with sexual abuse offenses is incompetent.

He said the charges the court should hear his case privately. “A person who should be prosecuted privately should not be compelled to appear before a court of law before giving permission to be prosecuted,” he said.

“Accordingly no summons can be issued before permission to prosecute is granted.”

His former personal secretary Collins Ochieng’ wants the court to summon Kizito to court so that he can be charged with sodomy.

He accuses the police of failing to take “credible steps to investigate the matter, let alone prosecute the culprit, despite the matter being reported to them”.

Collins Ochieng’ who was allegedly sodomized by father Kizito while working for him in 2007 is seeking the court’s permission to institute private prosecution saying the state has been reluctant to hold the missionary accountable for the alleged offences.

Ochieng’ made the latest attempt to bring the priest to court, despite the fact that police exonerated Kizito from sexual abuse claims, after his DNA samples failed to match those taken from Ochieng’.

He says neither the Director of Public Prosecutions Keriako Tobiko nor the police can be trusted to investigate or prosecute Kizito.

He says the DPP has refused to institute criminal charges under article 157 of the constitution. Kizito was first accused in 2009 of sexually molesting young boys under his care at Koinoina, a claim he vehemently denied.

The priest was arrested on May 25, 2011. When he was taken to Kibera law courts on May 26, 2011, the prosecution suddenly changed its mind, reportedly after the intervention of “superior forces”.

“Renato has acted with impunity and threatens to continue doing so because of the reluctance or refusal of the police to hold him accountable for the grave criminal offences,” Ochieng’ says.

Magistrate Joseph Karanja directed the parties to file and serve their written submissions within 14 days. He said the matter will be mentioned on August 27 to confirm that the submissions have been filed. Karanya will also tell the parties when he will deliver a ruling on the matter.