A 44-year-old woman accused of taking a three-year-old child from the custody of the mother in Kisumu has been ordered to defend herself after the court found sufficient evidence to proceed with the case.
Lenah Kadika Amayu was placed on her defence by Chief Magistrate Denis Kipkirui Mikoyan after the prosecution presented four witnesses and documentary evidence in support of the charges.
Amayu faces a charge of trafficking in persons under Section 3(1)(d), as read with Section 5 of the Counter Trafficking in Persons Act, 2010. She is alternatively charged with child stealing under Section 174(A) of the Penal Code. She also faces a separate theft charge over household items allegedly taken from the child’s mother.
The prosecution, led by Principal Prosecution Counsel Catherine Onyango, told the court that the incident occurred on November 25, 2025, in Nyalenda, Kisumu Central Sub-County, where Amayu allegedly took the child with the help of other individuals who have not been brought before the court.
According to the child’s mother, Amayu had sought accommodation at her home the night before the incident. She told the court that she had never met the accused before but was persuaded to host her after Amayu gave detailed explanations of how they supposedly knew each other through church. The accused reportedly informed the complainant that she would leave the following day after receiving money for bus fare.
On the morning of the incident, Amayu offered to look after the child as the mother went to work. However, when the complainant returned home, she discovered that both the woman and her child were missing. She subsequently reported the disappearance to the police, leading to Amayu’s arrest.
An investigating officer also informed the court that Amayu had previously faced a similar child-stealing charge alongside other suspects at the Winam Law Courts. In that separate case, the missing child was eventually recovered.
During her submissions, Onyango argued that the circumstances surrounding the accused’s previous case and her alleged association with another person facing similar accusations raised concerns about possible exploitation.
After reviewing the evidence presented by the four prosecution witnesses, Magistrate Mikoyan ruled that the prosecution had established a prima facie case, requiring Amayu to present her defence.
The ruling does not amount to a conviction, and the accused will now have an opportunity to respond to the allegations against her.
