Man who was wrongly jailed for defilement freed
A 25-year-old man who had been wrongly convicted for defilement has been freed by a Kakamega High Court after it found no strong evidence to warrant the jail term.
Mr Timothy Lipese, a bodaboda operator, had been sentenced for 10 years in 2017 by Hamisi Resident Magistrate Dennis Ogal for defiling a girl aged 11.
He was also facing a separate charge of committing indecent acts with a minor.
The prosecution claims the complainant was on her way to buy milk when he met the accused.
It was alleged that Mr Lipese then took her to his house where he defiled her.
Justice Jesse Njagi in his ruling said that contradicting statements of various witnesses was not considered during trial.
“I reject the submission by the state that the charge of defilement was proven. I find the trial magistrate erred in convicting him,” he ruled.
He noted that reports from a nursing officer, Mr Stephen Videnyi, showed that the complainant is HIV positive however the accused is not.
“It was not defense that the appellant was not infected with HIV as he could only have been infected after 3 months,” added Mr Njagi.
Mr Njagi also noted that the trial magistrate had admitted hearsay evidence of the complainant without any documented prove.