A Kisumu Court was on Thursday stunned after a second year Maseno University student pushed for the withdrawal of rape charges against her fourth-year colleague.
The pregnant student walked into the magistrate's court in the afternoon and for the second time asked that the case be withdrawn.
The student said she had forgiven the man, saving him a life sentence.
Principal Magistrate Thomas Obutu withdrew the case where the woman had accused the colleague of raping her on December 13, 2015 at Maseno near Athanas hostels in Kisumu West Sub-County.
The incident happened at about 3pm and the suspect was arrested three days later.
In the charge sheet, the accused had sex with the complainant despite knowing that he was HIV positive. The woman, according to The Standard, tested HIV-negative immediately after withdrawing the case.
"I have tested myself and I am negative. The child I am carrying is also not his," she explained.
The aggressor was in the second count accused of deliberately transmitting HIV contrary to section 26(i) (b) of Sexual Offences Act No. 3 of 2006.
"Having actual knowledge that he was infected with HIV, he intentionally and willfully had unprotected sex with the girl," the count stated.
The accused was arraigned in court on December 18, 2015 where he denied the charge before Magistrate Obutu.
At the time, the investigating officer requested to have the man’s DNA samples taken at the Jaramogi Oginga Odinga Teaching and Referral Hospital (JOOTRH). Later, the accused was released on a Sh200,000 bond.
On May 25, 2016, the State counsel told the court that the complainant wanted to withdraw the case but the application was declined by the presiding magistrate with the matter proceeding on September 15, 2016.
This time round, the complainant again requested to terminate the case which prompted the magistrate to allow the application.
She swore an oath to that effect: "As the complainant, I wish to withdraw the matter. I have forgiven the accused. I have not been forced to do it. I have not been compensated. I am aware that I will not bring the matter again."
The case crumbled with the oath with the magistrate saying the complainant was an adult and free to withdraw the matter.
"I am aware of the seriousness of the offence but since the law allows withdrawal, I will have the application allowed. Accordingly, matter is withdrawn," ruled Obutu.
The woman said that the baby she was carrying was not the accused’s and that she was happy the case was over since it was stressing her.