Court acquits middle-aged man for defiling mentally challenged teenage girl in Loitoktok
A Loitoktok court has today acquitted a middle-aged man who was charged with defiling a 14-year-old mentally challenged girl.
Daniel Kinyanjui was accused of committing the offence back on January 30, 2019 in Pilipili area in Loitoktok Sub County.
The unfolding after the prosecution bungled comes on a legal technicality after the prosecution bungled the case.
While acquitting Kinyanjui, Principal Magistrate Judicaster Nthuku directed the Director of Public Prosecutions (DPP) to consider legal action against Police Constable Mercy Osoro and Ann Kitenge.
Nthuku while giving the judgment said that Osoro who was the investigating officer in the case and Kitenge, then the Children officer, subverted the course of justice for the victim by acting outside the law.
The children officer is said to have formed a glide court and made the decision to escort the accused with his belongings out of Loitoktok and told him never to return.
In their investigations, the court found out that the testament of the young girl was greatly tampered by her mental challenge.
According to the court, the investigating officer failed to record a statement of the witness, one Mama Maggy, who died before the accused was rearrested.
Jane Nganga, who is the mother of the girl, had told the court how her daughter had gone outside to play with other children after having a sumptuous meal that she had prepared for her only daughter.
The girl revealed that on that fateful day, the accused inserted something in her genital area without any other detail which the court found needed support of other evidence.
