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Magistrate acquits rape suspect, advises him to ‘zip up’

A Magistrate on Thursday caused laughter in court when he advised a computer college tutor accused of attempted rape to zip his trouser and avoid unnecessary contact with his female students.

Members of the public in the courtroom burst out in laughter after the magistrate told the suspect that it was important for a man entrusted with learners to impart knowledge instead of preying upon them.

Wundanyi Principal Magistrate Nicholas Njagi acquitted the suspect of sexual related and assault offences but advised him to keep off from his female students.

“The accused is acquitted of the offences, you are at liberty unless lawfully withheld, however, avoid unnecessary contact with your female students,” he said.

DENIED RAPE CHARGE

Kennedy Mwanyika had denied attempting to rape one of his students on June 26, 2016 at Werugha within Taita Taveta County.

The court heard the suspect violently attempted to rape the complainant at around 8am while she was heading home.

Mr Mwanyika was further charged with assaulting the complainant causing serious bodily harm.

The court, however, acquitted the suspects saying that the prosecution had failed to prove its case beyond reasonable doubt.

EVIDENCE ADDUCED

The magistrate said that the evidence adduced before the court did not meet the constitutional threshold to warrant the conviction of the suspect.

“It was not demonstrated to the court how the suspect attempted to commit the crime, besides, no evidence was provided to show that the complainant sustained injuries while she was struggling with the suspect who wanted to rape,” the magistrate said.

The magistrate also dismissed the assault charge on grounds that it was not backed by a medical report that had indicated that there were no injuries sustained by the complainant.

A witness had told the court that the tutor had resorted to use unorthodox method to get what he wanted after his several seduction attempts failed to bear the expected fruits.