Man aquitted of defilement by Loitiktok Court

Loitoktok Thursday, June 8, 2023

KNA by Stephen Lemein

A 24-year-old man on Thursday received a reprieve from Loitoktok law court after he was acquitted of defilement charges.

Principal Magistrate Judicaster Nthuku acquitted Allan Kisan Kevulwe on the ground that the girl was never brought in court to testify and identify the accused as the one who defiled her since she disappeared with her mother immediately after reporting the case.

The court also found that the prosecution never proved the age of the girl despite the charge sheet indicating she was 15 years old.

According to the prosecution, the accused is alleged to have committed the offence on April 17, 2022, at Airstrip Village in Loitokitok Sub County.

Faith Nzioka, a police officer at Loitokitok police station had told the court that they received a report of defilement of the girl and after visiting the home the girl narrated how she had gone to the house of the accused on the material day in the evening and when he requested her to leave, she declined and they spent the night together which involved sexual intimacy.

Nzioka said that while in the house, the girl’s mother in the company of a village elder came and locked the house from outside before calling police officers. The accused was arrested and taken to the police station where he was charged with the offence before being arraigned in court where he denied the allegations.

Meanwhile, the girl was escorted to Loitoktok Hospital for treatment where it was confirmed she was defiled.

In his defence, the accused denied defiling the girl saying on the material day at around 8.00 pm while in his rental house, he heard a knock only to find the girl, her mother and a village elder outside who called police officers and was arrested.

The court found the evidence on record did not reach the threshold required in criminal cases and hence prosecution had not proved the case beyond reasonable doubt leading to the acquittal.

Courtesy ; K. N. A