Kibera Court Orders Age Assessment for Suspect in Fake Madaraka Express Ticket Fraud Case

By Greenspan Dulo

Proceedings in a case before Court 1 at the Kibera Law Courts were temporarily halted after one of the respondents informed the court that he was 17 years old, prompting the court to order an age assessment before any further steps could be taken in the matter.

Presiding over the proceedings, Hon. S. Atambo noted that among all the suspects presented before the court, the second respondent was the only one alleging that he was below the age of 18 years.

The court heard that the investigating officer was unable to confirm the respondent’s age, stating that he had not interacted sufficiently with the suspects to establish such details.

In the interest of ensuring that the law relating to children is fully observed, the Chief Magistrate directed that the respondent be subjected to an age assessment immediately or as soon as possible and that a report be filed before the court.

The court further directed that should the respondent’s parents or guardians possess official documents confirming his age, including a birth certificate, they should produce them to assist the court in determining the matter.

Hon. Atambo emphasized that if the respondent is confirmed to be below 18 years of age, he would legally be regarded as a child and would therefore be entitled to the protections and procedures provided for under Kenyan law, including the appointment of a state-funded advocate to represent him during the proceedings.

Pending the outcome of the age assessment and production of any relevant documentation, the court ordered that all the respondents remain in custody at Modaiga Police Station.

The matter was scheduled for mention and further directions on July 16, 2026, when the court is expected to determine the next course of action based on the findings regarding the second respondent’s age.

Addressing the parties in both English and Kiswahili, the court reiterated that proceedings could not continue until the respondent’s age had been conclusively established to ensure that any legal safeguards applicable to children are fully respected.


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