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An elderly American previously convicted and sentenced to 50 years in jail for sexually abusing Kenyan children and circulating the images on the Internet was back in court yesterday to face similar charges.

The frail-looking, wheelchair-bound 68- year-old Terry Ray Krieger, was wheeled into the Mavoko Law Courts in Athi River at 10am and charged with six fresh counts ranging from sexual assault, being in the country unlawfully, child pornography, benefitting from child prostitution, promoting sexual offence and child abuse.

This, besides an ongoing child abuse case committed in Ngong, Kajiado county, after he was set free on serving just eight of the 50 years of sentence.

The six counts involved a three-year-old girl and an eight-year-old boy.
As expected, the court declined to grant him bond on grounds that he is a flight risk and faces grave offenses.

Senior Principal Magistrate Babra Ojoo who described the accused as a “fugitive from justice” instead directed that the state pursues other cases which Krieger faces in his homeland, US.

“Bond or bail is a right for any person charged before the court except where there are compelling reasons to deny the same. However, the accused person is a fugitive from justice after a conviction in another country and that is a compelling reason for refusal of a bail.

According to the bail and bond guidelines, among reasons considered for refusal of bail are previous criminal records of the accused person and gravity of the punishment in the event of conviction.
In this case, offenses charged are felony which attracts imprisonment of up to five years. The defence has not produced any proof of the accused’s state of health and there is nothing to prove he requires any assistance.

I decline to grant bond for the accused as of now. I direct that the state counsel verifies and ascertains from the relevant authorities the status of the accused persons in relation to the crimes allegedly committed in the US and report back to court within 30 days,” ordered Ojoo.

The case will be mentioned on Monday next week while the hearing of the bond application will be heard three days later.

The court set pre-trial hearing on February 22, 2024.
In the meantime, he will cool his heals at the Kitengela GK Prison.

Krieger’s case first came to light in 2013 when he was apprehended by Kenyan authorities for his involvement in a child sexual abuse ring.

After a lengthy trial, Krieger was convicted by trial magistrate Joseph Karanja on his own plea of guilty on December 2, 2014.

Karanja while delivering the judgment said Krieger’s acts had traumatised his victims, all minors.
The prosecution, led by State Counsel Duncan Ondimu had sought a life imprisonment given the gravity of the offenses committed but Krieger pleaded for leniency, saying he was sickly.

Krieger had been charged with circulating obscene images of Kenyan children by use of electronic media platforms between May 2013 and October 2014.

Krieger had been arrested in Olepolos, Ngong area in Kajiado county after Interpol investigators in Germany and in the United States informed their Kenyan counterparts of the presence of a child abuser in Kenya who was exchanging pictures with other users abroad.

Come November 2022 and Justice Momanyi Bw’onwong’a, who has since retired, ordered Krieger’s release from Kamiti Maximum Prison where he was serving the sentence.

In a serious indictment of the country’s justice system in light of the latest charges against Krieger, Justice Bw’onwong’a ruled that “it will be oppressive to order for a retrial of the convict, who is an American citizen.”Krieger had challenged the sentence terming it too harsh and punitive.

Justice Bw’onwong’a argued that the convict had in any case served eight of the 50 year sentence.
“In these circumstances, this court finds that to order a retrial of the appellant would not only be unfair but oppressive as well,” the judge ruled as he set the convict free.

The DPP had put up a spirited attempt to have the judge throw out Krieger’s appeal stating thus; “I urge this court to stamp its authority by upholding the lower court’s decision and defending the rights of the minors whose rights were blatantly abused by the convict.” The judge would hear none of it, setting free the paedophile, only for him to be re-arrested and arraigned in court yesterday to face similar charges.