German national remanded in custody for 14 days over defilement charges
Martin Baumgartner, a 62-year-old German national, will remain in police custody for another 14 days, pending his release on bond, a court has ruled.
Baumgartner is facing 14 counts of defilement, sexual assault, and other charges dating back to 2006. The suspect had appealed to the High Court in Nakuru after being denied bail in the lower court, but his request was turned down.
The prosecution had argued that Baumgartner was a flight risk, given that he holds dual citizenship, and that he could interfere with witnesses if released, as some of them are his employees.
The defense team had disputed these claims, stating that their client was not a flight risk and would not interfere with the witnesses.
Justice Heston Nyaga, who presided over the case, faulted the lower court for failing to specify when the witnesses would testify. He directed that the trial court expedite the hearing of the evidence of the affected witnesses without unreasonable delay.
“I am therefore inclined to disallow the application, however, in the interest of justice, the trial court ought to expedite the hearing of the evidence of the affected witnesses without unreasonable delay, in the event, this has not been done in the next 14 days from the date hereof, the applicant’s bond terms are to take effect,” Justice Nyaga ruled.
In addition to remaining in custody, Baumgartner has been ordered to surrender his German and Kenyan passports, which are in the custody of the Directorate of Criminal Investigations (DCI) pending the hearing and determination of the case.
He is also prohibited from contacting, intimidating, or threatening prosecution witnesses directly or by proxy.
Baumgartner’s defense team has declined to comment on the ruling.
The trial court is expected to hear the evidence of the affected witnesses within the next 14 days, after which the suspect may be released on bond.
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