A eleven-year-old boy was On Wednesday acquitted by a Nakuru court after he was accused of chopping off his friend's toe with a panga.
The minor was accused of chopping off his friend' big toe on November 21, 2013 at Dondori with Nakuru County.
According to the complainants' testimony, the two were playing with other two boys when the minor allegedly cut his playmate's toe after a dispute over maize.
The boy told the court that he didn't intended to cut him, saying it was a accident when he was digging a hole for them to play kids name called 'banta'.
The accused child's mother told the court in her testimony that her child came home carrying his big toe and she took him to hospital.
The court received a P3 form from one Dr Matara that indicated he had an amputated toe.
Senior Resident Magistrate Judicaster Nthuku in her judgement said that the prosecution failed to prove the case by not bringing the friends whom they were playing together.
The court said that it could have not relied so much on the testimony of the accused mother and the victim since it seemed that the families had agreement of paying medical and treatment fee which the accused's family failed to comply thus moving to police to record a statement.
The minor was acquitted under section 215 of the CPC (Criminal Procedure Code).