Senior Resident Magistrate Abraham Gachie has freed a teacher accused of raping a 12-year-old minor while stating lack of evidence, sparking several questions on the justice system in Kenya.
According to the Maralal court, the prosecution failed to prove it’s accusations of defilement and indecent assault against the suspect, Dominic Bosire.
It has also emerged that the victim conceive from the alleged rape.
“Further doubts were 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. That is on September 2, 2017 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,” the judge ruled.
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.
“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.