Kisumu woman accused of stealing 3-year-old child has case to answer

Chief Magistrate Denis Kipkirui Mikoyan made the ruling after the prosecution presented four witnesses and several exhibits in the case against Lenah Kadika Amayu.

Amayu is charged with trafficking in persons contrary to Section 3(1)(d), as read with Section 5 of the Counter Trafficking in Persons Act, 2010.

She also faces an alternative charge of child stealing under Section 174(A) of the Penal Code, alongside a separate charge of stealing household items belonging to the child's mother.

According to the prosecution, Amayu and others who are yet to be arrested allegedly stole the child from the custody of the mother on November 25, 2025, in Nyalenda Sub-location, Kisumu Central Sub-County.

The court heard that Amayu had sought refuge at the complainant's home on the eve of the incident, despite the two having had no prior acquaintance.

The child's mother told the court that Amayu gained her trust by giving detailed descriptions of how she allegedly knew her through their church.

Amayu reportedly told the complainant that she would leave the following day after receiving bus fare from someone.

“The following morning, the complainant left the accused with the child after she offered to babysit until the mother returned from work,” the Office of the Director of Public Prosecutions (ODPP) said in a statement.

“However, upon returning home, she found that Amayu had disappeared with the child. She reported the matter to the police, leading to the accused’s arrest.”

An investigating officer further told the court that Amayu had previously been charged alongside other suspects at Winam Law Courts over a similar child-stealing offence, in which the child was eventually recovered.

In her submissions, Principal Prosecution Counsel Catherine Onyango argued that the case was not an isolated incident, citing the accused's previous case and her alleged association with another person accused of a similar offence.

The prosecution further argued that the circumstances surrounding the alleged offences pointed to possible exploitation.

After considering the evidence presented by the prosecution, Magistrate Mikoyan ruled that a prima facie case had been established, requiring Amayu to give her defence.

The ruling means the accused will now have an opportunity to respond to the charges against her. She had pleaded not guilty.