The Mombasa Law Courts. [Photo/ the-star.co.ke]There was drama at a Mombasa court after the mother of a mentally challenged boy who was allegedly gang raped fainted following the release of the suspects.
The woman, Aisha Kalinda, was rushed to hospital after she collapsed following the ruling by the court.
Mohammed Hassan, Jamal Salim, and Daudi Mwachiro were taken to court for allegedly gang raping the boy in November 2015.
The boy, who was 10 years-old at the time, passed on in May 2016.
In his ruling, Principal Magistrate Henry Nyakweba freed the suspects on grounds that there was insufficient evidence linking them to the crime.
Nyakweba said the court cannot admit evidence from a dead person, adding that the boy was a “paranoid witness considering his mental status at the time the crime was allegedly committed”.
He said the mother of the deceased should have supported the statement presented before the court for the ruling, adding that the boy’s teachers and friends should have also been interrogated.
“The statement should have been corroborated by his mother who brought him to the police station," he said, as quoted by The Star.
Nyakweba further said that a report by a doctor working at Coast Provincial General Hospital showed that the deceased did not have any fresh wounds.