Shoddy probe hands two freedom

By Patrick Kibet

The High Court in Nakuru has quashed jail terms handed to two men for defilement in separate cases.

In the first case Justice Hellen Omondi quashed a 15-year sentence handed to Hiram Irungu for defiling a minor in Nyahururu.

In her ruling the Judge said the prosecution had failed to prove beyond reasonable doubt that Irungu defiled the minor and did not produce two key witnesses in the case.

She said the trial magistrate while sentencing the accused disregarded the appellant’s sworn testimony, which alleged that the minor was also a lover to one Waweru who was the arresting officer in the case.

She acquitted Irungu of all charges preferred against him.

In the second case the court set free Joel Ngangoka who was sentenced to 12 years imprisonment for defiling a minor. In her judgement Justice Omondi noted that the prosecution failed to produce the appellant alibi and Ms Elizabeth Kwamboka a key witness in the case.

She further noted that the prosecution had failed to challenge the appellant claims that he was at work at the time the minor was allegedly defiled.

The judge set aside the sentence and acquitted the appellant of all charges preferred against him.