Court sets free grandfather facing defilement charges

Nyeri, Kenya: A 70-year-old man accused of defiling his seven-year-old granddaughter has been discharged by a Nyeri court.

The elderly man had been charged with defiling the minor on diverse dates between October 1 and 6, 2012, at Muturucheni village, Nyeri County.

Senior Resident Magistrate Christine Wekesa said the evidence against the elderly man was not sufficient to sustain a conviction against him.

The magistrate faulted the prosecution for not availing both the investigating and arresting officers as witnesses.

"I find that the offence of defilement was committed as per the evidence given by the doctor. However, it is unfortunate that the prosecution has failed to demonstrate that the accused is the person who committed the offence he is charged with," she said.

The ruling prompted complaints from some of the accused and the complainant's kinsmen.