The High Court has freed a man who had been sentenced to 10 years in prison, for sodomising a minor.
High Court Judge Said Chitembwe released Mr Ahmed Mohamed who had earlier been found guilty of sodomising a 15-year-old boy in a mosque toilet.
The court heard that Mr Mohamed, who had served three years in jail had allegedly committed the offence at Rifadha Mosque in Mombasa County.
In the case, the minor said that the accused had invited him to an evening prayer at Rifadha Mosque on December 18, 2012.
During his testimony, the minor, who was a class eight pupil then, said that when he arrived at the mosque, he found there was no activity and decided to relieve himself in the mosque toilet.
He further said that on opening the door, he was pulled in by the suspect who covered his mouth before sodomising him.
He said he managed to escape when the sound of water trickling from a tap was heard, where he ran outside and found the Mosque cleaner.
In his ruling, Judge Chitembwe cast doubt in the testimonies given in the lower court on how the incident occurred, adding that it was unclear how the crime could have occurred during prayers.
The judge also questioned why the prosecution failed to list the mosque cleaner as one of the witnesses.
“The timing of 4pm is quite crucial as it is time for prayers and many people would visit the toilets before entering the mosque. There was no indication that the mosque cleaner had recorded his statement with the police. I do find that the appellant is entitled to the benefit of doubt,” said Chitembwe.