By Sophie Njoka
An Uber driver who was arrested for forcing a 13-year-old boy to perform oral sex on him has been released on bond after a magistrate asked the prosecution to amend charges levelled against him.
The suspect, Mr Fredrick Mungai Njenga, had been charged with committing an indecent act with a child but could not plead to the charges and was freed on bond of Sh100,000 or 50,000 cash bail.
Shanzu Resident Magistrate Yusuf Shikada said the charges were to fall under the Sexual Offences Act but the “mouth is not a sexual organ.”
“The mouth is not indicated as a genital organ in accordance with the Sexual Offences Act No 3 of 2006, therefore, the charges should be amended to the relevant charges as stipulated in the Constitution,” the magistrate said.
The charges which were declared defective by the magistrate read that on July 15, at Bombolulu area in Nyali Sub-County intentionally and unlawfully caused his penis to be sucked by a minor aged 13 years.
The 35-year-old suspect will appear in court on July 23, for plea taking.
The incident is said to have happened on Monday evening at around 6.30pm when the taxi driver picked up the minor from school.
The mother of the Standard Eight boy claimed that she had requested her younger sister to request for an Uber Taxi that would pick up the boy from school to their home in Nyali estate.
“I had asked my younger sister who was at home at that time to request an Uber taxi to pick my boy from Light Academy because I was committed with some other duties and I was not able to pick him with my car at that time,” she narrated.
The mother said after she arrived home at around 8pm, the boy narrated to her how the driver had forced him to perform the oral sex on him.
