While reading his judgment on Tuesday evening, Senior Resident Magistrate Abraham Gachie said that, as per the evidence on record, in his view prosecution was unable to prove the charges of defilement and committing an indecent act with a minor in the first and alternative counts respectively 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 here in pursuant to the provisions of section 215 of the criminal procedure cord,” he said.
While reading his judgment, Senior Resident Magistrate Abraham Gachie explained that 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.
Gachie further said that the minor’s evidence contradicted to the one that was testified in court by a clinical officer who examined her at Samburu county referral hospital.
“Further doubts are created by the PW1’s evidence that defilement took place on 5thday after they opened the schools on August28, 2017 and again four days later. That is on September2, 2017 and September6, 2017. This evidence was contradicted by the clinical officer who gave evidence that conception took place within the month of August 2017,”
The magistrate said that the prosecution 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. From the evidence on record the age of the minor is not clear,” he explained.
by Martin Rwamba