Teacher accused of defiling girl, 12, acquitted
A court has acquitted a teacher who had been charged with defiling a 12-year-old girl in Maralal, Samburu.
The teacher was accused of defiling the girl on an unknown date and time between April 28, 2017, and October 22, 2017, but was acquitted due to lack of enough evidence.
Senior Resident Magistrate Abraham Gachie, while reading the judgment, said the prosecution was unable to prove the charges of defilement and committing an indecent act against the accused person Mr Dominic Bosire to the standards required in law.
“The accused person is therefore not guilty as charged and I hereby acquit him as charged in the main count and the alternative count herein pursuant to the provisions of section 215 of the criminal procedure cord,” he said.
According to the Magistrate, the prosecution failed to prove that Mr. Bosire defiled the girl and made her pregnant.
“What would have cleared doubts was a DNA examination of PW1’s child and the accused person as had been sought by the prosecution. The prosecution never availed the DNA results and the accused person stated that he was never subjected to a DNA examination,” he explained.
According to the Magistrate, the minor’s evidence contradicted that of a clinical officer who examined her at Samburu county referral hospital.
“Doubts are created by the PW1’s evidence that defilement took place on 5th day after they opened the schools on August 28, 2017, and again four days later. This evidence was contradicted by the clinical officer who gave evidence that conception took place within the month of August 2017,”
The prosecution also failed to prove the complainant’s age with documentary evidence in court.
“PW1 gave evidence that she was 12 years old. However no conclusive evidence was tendered to prove her age, the birth certificate was not produced as an exhibit,” he explained.