Nairobi security guard to be retried in girl rape case

A security guard who allegedly lured an eight-year-old girl with Sh5 juice powder to defile her will be tried afresh.

Andrew Owenga, who was jailed for life by a magistrate's court, will face trial again after the High Court found that the charge sheet used to prosecute him two years ago had errors.

High Court Judge Ngenye Macharia ordered Owenga be tried again by the magistrate's court, which had found him guilty.

The judge noted the lower court passed a sentence without looking at the dates the alleged offence took place, which had a one-month variance. The girl testified it occurred on March 29, 2013, but the charge sheet indicated it occurred a month later.

The judge ruled it was unfair to the accused but she ruled out allowing an appeal, noting that there was a likelihood he will be convicted again based on the evidence. She noted the victim positively identified Owenga.

"The defect was material and heavily prejudiced the appellant. The same can only be cured by ordering a retrial. In so doing, I have satisfied myself that the same is likely to result in a conviction. Further, no prejudice will be occasioned to the appellant as he has been in prison for only two-and-a-half years against a jail term of life imprisonment," the judge ruled.

A medical report produced in the case indicated there was sexual assault.