A teacher accused of defiling and impregnating a minor in Marallal, Samburu County, was on Tuesday set free by the court.
Dominic Bosire was charged with defiling the 12-year-old girl between April 28 and October 22, 2017, allegations that the accused denied.
In his ruling, Marallal Senior Resident Magistrate Abraham Gachie said that the prosecution failed to prove that the minor's child was born of the suspect.
“The prosecution never availed the DNA results and the accused person stated that he was never subjected to a DNA examination,” said Magistrate Gachie as quoted by the Standard.
He also cited contradiction of the crime dates, noting that the alleged victim and the clinical officer who carried out a test on her have varying accounts and information.
“Further doubts were created by the PW1’s evidence that defilement took place on the 5th day after they opened the schools on August 28, 2017 and again four days later. That is on September 2, 2017 and September 6, 2017. This evidence was contradicted by the clinical officer who gave evidence that conception took place within the month of August 2017," added Justice Gachie.
He added that the prosecution also failed to prove the alleged victim's age, noting that no proof of her age like a birth certificate was provided.
Consequently, he found the accused innocent.