25-year-old Timothy Lipese has been set free by the Kakamega High Court under a ruling that he had been wrongly convicted for defilement.
The boda boda operator, had been sentenced to 10 years in jail in 2017 for defiling an 11-year-old girl. He was also faced a separate charge of committing indecent acts with a minor.
However, the Kakamega High Court freed the man finding no strong evidence against him.
In his ruling, Justice Jesse Njagi said that contradicting statements of various witnesses were not considered during trial.
He noted that reports from Mr Stephen Videnyi, a nursing officer, showed that the complainant was HIV positive while the accused was not.
Mr Njagi also noted that the trial magistrate had admitted hearsay evidence of the complainant without any documented proof.