A court in Homa Bay on Thursday set free a man who had been sentenced to 10 years in jail for defiling a mentally challenged minor. But Justice Waweru Kiarie set Kagera free noting that medical evidence was clear there was no penetration. "Whereas the medical evidence was clear that there was no defilement, it introduced another angle to the case. "This was contrary to the evidence of the complainant’s mother who testified that the child was mentally challenged," Justice Kiarie said. He appealed against both the conviction and the sentence arguing that the trial magistrate erred in law and in fact by relying on medical evidence that did not link him to the offence.

Source: The Star July 24, 2021 10:30 UTC