Home Court News German National accused of defilement and child pornography to know his fate Thursday next week

German National accused of defilement and child pornography to know his fate Thursday next week

by By JT Correspondent

The fate of German national charged with several counts of defilement and child pornography will be determined next week.

Thomas Scheller, the accused who says that he is sick and old will know whether he will be released on bail next week.

Through his lawyer John Swaka, Thomas made an application for bail saying that he needs to attend to medication as it has been almost three months since he was placed in custody.

Magistrate Caroline Muthoni of Milimani Law Courts set bail ruling to be on Thursday next week.

“My client is 71 years and vulnerable to Covid 19 virus, being in custody and basing on the affidavit, the court should not be swayed to deny him bail”, Swaka told the court.

The prosecution however opposed the application stating that the case against Scheller is a serious offence and he is a flight if released on bail or bond.

The prosecution argued that they were ready for a hearing and all witnesses are available.

Senior resident magistrate Caroline Muthoni said that she had received a report from the Children report as requested by the court and needed time to go through it being making a ruling.

The case will be mentioned on July 13.

In June, the magistrate had detained the accused more days pending investigations.

The court’s decision came despite the prosecution seeking to detain Scheller for 60 days, a period the presiding magistrate referred to as too long.

On May 26, Scheller was charged with the said offences in addition to being unlawfully in Kenya and child trafficking.

It is alleged that between March and April at Nyalenda in Kisumu Central, he defiled a 13-year-old child.  

He was also charged with two counts of showing a pornographic video to the young boys.

“On dates between the months of March and April at Nyalenda in Kisumu, he unlawfully and intentionally exposed a child aged 13 years to an indecent audiovisual,” the charge sheet read.

It is alleged that he intentionally and unlawfully recruited, transported and harboured a 13-year-old child for purposes of exploitation by means of fraud.

He was charged with three counts of defiling three minors, the youngest being 10, by sodomising them. He was also charged alternatively with committing an indecent act with a minor

Sheller denied all the seven counts and it was his argument that he wanted to help the child and the mother agreed but anything else is a lie.

However, the state said the accused is a child molester and should not be released on bail because he is a foreigner without a valid permit to allow him to be in Kenya.

Scheller was arrested on May 5 after the police had trailed him for months, documents read.

It is alleged he escaped police in Kwale and fled to Kisumu where he committed the offences before he was arrested in Nairobi.

Police said he was arrested outside the German Embassy in the company of one of the victims.

Lawyer John Swaka representing German National Thomas

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