The family of a 15-year-old girl allegedly defiled by her teacher has called for fresh investigations into the matter.
They fear that the teacher, who is still free three months after the alleged incident was reported, might escape punishment.
They have also faulted the manner in which the matter is being handled and are worried that justice might not be served.
The girl’s father said the incident was reported at Mwingi Central Police Station but faulted the pace of investigations.
He claimed the suspect, who is the deputy head teacher of a primary school in Mwingi Central constituency, was arrested and released under unclear circumstances.
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“We want to state that we are not satisfied with the manner in which initial investigations were conducted,” he said.
“There are clear indicators to defeat justice in the case.”
He added that the family had withdrawn the girl from school to avoid shaming from her schoolmates.
The incident is said to have occurred in the school compound last July.
The father cited a letter to the Mwingi OCS from the Director of Public Prosecutions dated August 15, saying it revealed that the case did not meet the required threshold for prosecution.
In the letter seen by The Standard, senior prosecution counsel Vincent Maina said they had noted several inconsistencies in the file.
Mr Maina said for instance, the complainant claimed she was defiled on July 31, 2018, but her sister gave a different date of August 30, 2018.
“Secondly, that on being confronted by her sister as to why she overstayed at the deputy head teacher’s office on July 31, 2018, she (complainant) claimed they were praying. That narrative seems to have changed on August 2, 2018, when she is alleged to have been defiled by the teacher. Her testimony seems unreliable,” the counsel wrote.
He further said there was unreasonable delay.
The complainant was taken to a clinic on August 4, five days after the alleged defilement, and the matter was reported at the police station on August 8, nine days later, and no logical explanation has been given.
Maina said the prosecution bore the heavy onus of proving any criminal case beyond reasonable doubt, and any apparent doubt in any prosecution was resolved in the favour of the accused person.
“The DPP is in observance of the above guiding principles as envisaged in Section 4 of the ODPP Act No 2 of 2013, which cannot prosecute a matter that would never survive the rigours of criminal trial in any court of law,” he said.
But the girl’s father disputed the prosecutor’s view.
“This matter leaves more questions than answers. Why has the suspect not taken a plea? Has the prosecutor now turned (into) the jury? Justice delayed is justice denied. We need fresh investigations into the matter,” the man said.