An Irish priest who was arrested in Kisumu County in January over claims of violating his visa terms has been released by the Kisumu High Court.
59-year-old Rory Bracken Woolmington was arrested in Kisumu on January 19, where he was accused of engaging in pastoral activities in the country using his holiday visa.
Appearing before Resident Magistrate Linah Akoth on Thursday, the prosecution claimed that the priest has been illegally preaching in Kenya, consequently breaching his visa terms.
However, the accused denied the claims, noting that he has never preached in Kenya. He further denied the claims of illegally being in the country.
In its ruling, the court dismissed the charges on grounds that the prosecution failed to prove that the accused was illegally engaging in preaching, therefore acquitting him.
The magistrate ruled that the accused did not at any point breach the terms of his visa, ordering that he be refunded the money he had placed as cash bail.
"In the case of Woolmington vs DPP, the court held that it is the duty of the prosecution to establish the guilt of the accused for the offence charged beyond reasonable doubt,” said the judge.
She further ordered that the priest be given back his passport which was being held by the court. The prosecution has been given 14 days to appeal the ruling.