A family on Friday suffered a blow after a Makueni Law court set free a man charged with defiling their daughter.
The accused, Martin Ndunga, allegedly defiled a 16-year-old girl in 2018 and was charged in the same court.
Ndunga is said to have committed the heinous act at a lodging in Mbuvo, Makueni County between the month of September and December.
He was acquitted by Senior Resident Magistrate Joan Atieno on grounds that the prosecution's evidence could not hold water.
This is despite the fact that he had earlier pleaded guilty to the charges.
Although the girl is 4 months old pregnant, the court through Senior Resident Magistrate Joan Atieno said that an issue of consent in minors should not be used to guard them against engaging into sexual intercourse.
The court ruled that key witnesses like the lodging owner and the man who used to give the girl a phone to call the accused were not presented in court.
A medical examination report showed that there was tampering of hymen and the girl was also pregnant.
After the case was decided, the family said that justice had not been served.
Brian Mulinge, the family lawyer said they will take necessary action needed to ensure justice is served.
“This is not what we expected as council for the victim, young girl, who is four months pregnant. Unfortunately, the accused person had earlier pleaded guilty and according to our evidence it was cogent. We will take necessary steps, it’s not a happy site seeing a 16-year-old grieving,” Mulinge said.
He addressed the press at the court premises on Friday.