By Taban Henry
Groups of women activists on Friday called for justice to prevail on Kenya Commercial Bank’s manager who was recently arrested for alleged sexual harassment against his former female employee, but later released and the case reportedly dismissed.
Earlier last month the Manager of Kenyan Commercial Bank, Roba Waqo was arrested for alleged sexual assault towards his female employee, but later freed without bail.
One of the female activists, Lona James Elias the Executive Director for the Voice for Change who spoke on behalf of women activists echoed their voice demanding for justice to be accorded for the survivor of the alleged sexual offensive.
Lona said the case was dismissed over lack of enough evidence, she however argued that the survivor must be given an appeal so that she will be able to defend herself in the court.
“We demand justice because of the issue that happened at KCB Bank by the Managing Director who was arrested on the 26th June 2022 and was released. We are demanding that the case has to be taken to the court and if the case is not taken to the court we need reinvestigation of the case. We condemn those who are not adhering to the justice; we believe that there is no one above the law,” she said.
However, the women activist called for change of the public prosecutor who first handled the sexual harassment case.
She said that the prosecutor was unable to give the survivor of sexual assault the right to express her feelings, so that she can also be heard in order to establish whether she was wrong or not.
“It makes the community feel that there is no fair justice, if you have an issue, you should be given the chance to defend yourself in order to explain what had happened before. The case was dismissed without the survivor being given the opportunity to defend herself before the court of law,” she stated.
Another female activist and a member of the taskforce who declined to mention her name, also requested for a new judge or panel of judges to attend to the case of the survivor.
She said that its bitter to hear that, citing it as a reason why ladies are fearing to work in the offices because of sexual harassment.
“If the case is not investigated and perpetrator is brought to book, that is our problem. We need fair justice to be done so that our girls feel free to work wherever they want,” she said.
For his part the defense lawyer of the complainant, Advocate Chuot Marko said they have an appeal for the complainant and as a matter of procedure the case was dismissed and now the appeal has been submitted.
The advocate said the senior prosecutor will review the case and he will make the next decision.
“We are urging the members of the public to stand for this case since it has reached the public interest and it is a very sensitive matter,” the defense lawyer said.
“For us as the lawyers we will follow the process, though it has gone to the court but still the court of appeal even at the Supreme Court as long as justice prevails. We urge all of you to stand with us as we follow this matter,” he added.
The advocate said that the complainant has raised a complain at the police, and the accused was arrested.
He said, what happened was, the accused was bailed out immediately without spending a night in the police custody.
“Now, the file was referred to the prosecutor and the prosecutor went ahead dismissing alleging that there is no evidence without even looking at other sources including the witnesses that is why we made an appeal,” Advocate Marko said..
He stated that the case will be considered citing that they need the case to be referred to the court for the voice of the lady to be heard because it is her legal rights for the voice to be heard by the competent court of law.