Uproar over release of foreigner in assault case

An elderly Norwegian who was arrested for indecently assaulting a 12-year-old girl she took to a club at a mall on Thika Road is now a free man after police said they could not find witnesses. 

This is despite the fact that the act was witnessed, and even filmed, by some revellers at the restaurant. 

And justice for the child appears elusive as the police and club managers yesterday engaged in blame game. While police said the witnesses were uncooperative, some club employees said they had not been asked to record their statements.

“Detectives were even supposed to come on Tuesday to view the CCTV footage but they did not. None of our employees have been asked to record their statements,” said one of the supervisors.

Reports from the police headquarters indicated that the matter was reported by members of the public who got irritated by the offensive and immoral act and called the police.

Detectives from Kasarani police went to the lounge on the second floor at the TRM where they found the girl and the foreigner who has been identified as Rolf Eric Janoy,  70. 

The septuagenarian was taken to Kasarani Police Station but was released unconditionally since police “had not recorded statements from the witnesses”. 

Under the Sexual Offences Act, any person who commits an indecent act with a child is liable upon conviction to imprisonment for a term of not less than 10 years.

Police then traced the girl’s mother, Jacinta Waruguru, and upon interrogation, it was revealed that the mother was in a relationship with the foreigner. 

Investigations were to establish, among other things, if the mother intentionally and unlawfully compelled or induced the daughter who is a pupil in Mwiki to engage in the indecent act.

Detectives from the Kasarani Police Station yesterday said that they could not charge the suspect in court as none of the people who witnessed the incident had come forward to record their statements. 

However, the Nairobi Police Commander Philip Ndolo said the suspect was out on a cash bail and would be charged in court if witnesses are found. 

“His passport has been retained by the investigating officers. He is in the country on a tourist visa and the visa has been established to be valid,” Ndolo said.

One of the witnesses said they informed the police and were willing to record statements. “That was clearly an unjustified offensive and immoral physical contact and touching. That girl was too young and the foreigner cannot claim that he reasonably believed that the child was over the age of 18 years,” he said.

In the video, the white-haired man dressed in a light green jacket is seen unashamedly caressing the child at the club as other revellers watch. Even a staff at the club dressed in a maroon dress is seen serving them at the table but does not take any action.

Yesterday the management of the said they allowed children at the club during the day but could not explain why the child was still there past 6pm. “Ours is a lounge and we allow children during the day. Again, they were not taking alcohol,” the supervisor said.

Another employee at the club said the foreigner had visited the club before and was well known to them.