A man was on Wednesday set free by the High Court in Nakuru following an appeal against a 12 years sentence.
Resident Magistrate Victor Othanda in Nakuru sentenced Kennedy Wanjere to 12 years in jail on January 30, 2014 for allegedly attempting to defile a 3-years-old girl at Flamingo estate.
In his appeal Wanjere’s Lawyer said the trial magistrate erred in law by convicting his client of attempted defilement based on insufficient evidence.
He also said that the conviction was based on reliance upon hearsay and the complainant who never testified.
Judge Kiarie Waweru said that he went through the records of the lower court and saw that the child was incoherent and her speech was not factual.
“One is able to discern that at her age she cannot be able to testify on facts. In her brief encounter with the magistrate, she was attending school whereas her mother said she did not,” he said.
Judge Waweru said the child not only contradicted her mother in the proceedings but also indicated that the child did not have a grasp of simple facts.
“Having evaluated the evidence on record afresh and considered the grounds of appeal and the submissions. I arrive at the conclusion that the prosecution case was not approved against the appellant,” he said.
He was arrested on June 21, 2013 and arraigned in court on June 24, 2013.