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11-year-old acquitted for chopping friend's toe

01 October 2015, 13:49

Nakuru - An 11-year-old boy accused of chopping off his friend's toe with a panga was acquitted Thursday by a Nakuru court.

The minor was accused of chopping off his friend's big toe on November 21, 2013 at Dondori within Nakuru County.

According to the complainants' testimony, the two were playing with other two other boys when the minor allegedly cut his playmate's over a maize dispute.

The boy told the court that he didn't intend to cut him, saying it happened accidentally as he dug a hole for them to play 'banta'.

Read Also: Teen gets 10 years for raping middle-aged woman

The victim's mother told the court in her testimony that her son came home carrying his big toe prompting her to rush him to the hospital.

The court received a P3 form from Dr Matara indicating that he had an amputated toe.

Senior Resident Magistrate Judicaster Nthuku in her judgement said that the prosecution failed to prove the case by failing to bring their playmates who were witnessed the incident.

The court said that it could not have relied so much on the testimony of the accused and his mother since it seemed that the families had agreement of paying medical and treatment fee which the accused's family failed to comply with, forcing them to seek legal redress.

The minor was acquitted under section 215 of the CPC (Criminal Procedure Code).

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