Peris Ngina in court August 21, 2013. She faces an additional charge of trafficking in obscene publications. The prosecution told the court that revealing pictures alleged to be those of Nairobi Senator Gideon Mbuvi's relative were sent to high ranking diplomats. PAUL WAWERU
Revealing pictures alleged to be those of Nairobi Senator Gideon Mbuvi's relative were sent to high ranking diplomats working in Nairobi, a court was told Wednesday.
The prosecution said it is in the process of applying a waiver against the diplomatic immunity the envoys enjoy before they are enjoined in a case against a woman charged with inducing the senators’ relative to expose herself indecently.
"There are accomplices in this case…some are high ranking diplomats working in this country, we are in the process of requesting for a waiver against their immunity so that that can be arrested,” prosecutor Elizabeth August said.
On Wednesday, Peris Ngina who was last week accused of abetting indecency and inducing Mr Mbuvi's relative to pose for the photographs faced an additional charge of trafficking in obscene publications.
The charge stated that on August 15 at Imara Daima estate, Nairobi, she was found in possession of assorted pornographic materials “for the purpose of corrupting morals".
CONCURRENT JAIL TERMS
She now faces three counts under the Sexual Offences Act and risks concurrent jail terms ranging between five to10 years.
Ms Ngina was granted a bond of Sh1 million with an alternative cash bail of Sh500,000 after a magistrate declined to allow the police to continue holding her in custody over "pending investigations".
"The prosecution made an application to deny the accused bond ostensibly to complete investigations, it also alluded that the accused may interfere with tracing other accomplices. I am aware that the mandatory 24-hour procedure places limitation on investigations leaving the police with no option,” principal magistrate Joseph Karanja said.
However, Mr Karanja said the court allowed the police to continue holding the suspect since August 16 for similar reasons until Wednesday.
He said the reasons advanced for further incarceration “were not compelling enough” and granted the suspect bail.
Ms Ngina’s lawyer Geoffrey Wesonga told court that to continue holding her was a violation of her rights and that she had a five- months-old baby who needs her care.
"The continued separation would negatively affect the relationship with her baby,” Mr Wesonga said urging court to release her on reasonable bail terms.
Earlier, prosecutor Elizabeth Kariuki had told the court that police were still pursuing more suspects in the case and wanted one more week for investigations to be complete.
Mention was set for August 29.
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