A man facing charges of allegedly defiling two children and infecting them with HIV was on Tuesday acquitted by a Mombasa Court.
Mombasa Senior Resident Magistrate Edigah Kagoni ordered for the release of Mr Peter Mukeku, who was accused of defiling two girls, aged five and 10 years.
The prosecution told the court that Mukeku allegedly committed the crime on diverse dates between February 2014 and February 2015, at Birikani area in Changamwe.
The 10-year-old girl told the court that Mr Mukeku, who is her neighbour, allegedly defiled her once, but she could not recall the date.
The second complainant, aged 5, told the court that the accused person had given her cake and juice twice, but never defiled her.
A medical report by Dr Hassan Mohammed showed that both the complainants were examined on February 4, 2015, and their hymens were found to be broken and bearing old scars.
In her testimony, the girl's mother told the court that on the material date, her daughter disappeared after supper and was later found in Mukeku's house.
Magistrate Kagoni, however, acquitted Mr Mukeku of all the charges saying the prosecution had failed to provide enough evidence.
“Considering the evidence presented before the court, I am not satisfied that the prosecution proved its case against the accused person beyond reasonable doubt as required by law,” said Kagoni, as quoted by Baraka FM.
“I find the accused person not guilty of both counts of defilement and acquit him under section 215 of criminal procedure code,” said the magistrate.