Court acquits man accused of incest
05 June 2013, 11:34
A man who was facing charges of incest after defiling his eight-year-old daughter has been acquitted by a Nyeri Magistrate’s court.
Joseph Kabatha had denied charges that on December 20, 2012 he intentionally and unlawfully defiled his daughter who was a nursery school pupil.
He was alleged to have committed the offence while his wife was away at a tea buying center where she had taken tea leaves but took long to return home.
The mother of four told court that she had left home at 10.00AM on 19th and stayed until 20th at 2.00AM, only to find the husband whom they had separated for eight years emerging from the house.
The accused was acquitted by Senior Resident Magistrate Vincent Nyakundi who said the prosecution failed to provide enough evidence to prove the charges.
Issuing the ruling, Nyakundi said it was an implicated offence from the wife’s family intending to keep him away and give him unforgettable lesson due to enmity.
He therefore gave the case a benefit of doubt saying there were a lot of discrepancies between the information in the P3 form and what the doctor who examined the minor said during a cross examination.
He said the form indicated there were nor injuries neither discharges noting that if she was defiled, such would have been recorded.
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