Samburu: Court acquits teacher charged with defiling girl over ‘lack of evidence’

A teacher in Maralal, Samburu County who had been charged with defiling a 12-year-old girl at Milimani Primary School in Samburu Central has been acquitted due to lack of satisfactory evidence.

Senior Resident Magistrate Abraham Gachie ruled that the prosecution was unable to prove the charges of defilement and committing an indecent act with a minor which had been leveled against the accused, Dominic Bosire.

“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,” said the magistrate.

Magistrate Gachie further pointed out that the prosecution had failed to prove that Mr. Bosire defiled the girl and got 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.

The magistrate said that the evidence provided by the minor contradicted the report produced by the clinical officer who examined her at Samburu county referral hospital.

“Further doubts are created by the PW1’s evidence that defilement took place on 5th day after they opened the schools on August 28, ’17 and again four days later. That is on September, ’17 and September 6, 2017. This evidence was contradicted by the clinical officer who gave evidence that conception took place within the month of August 2017,” he explained.

“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,”