A former director of a children's home who was jailed for 100 years last year for allegedly defiling four minors under his care has been acquitted by another court, where he was facing similar charges.
Makadara Trial Magistrate Francis Kyambia set free Stephen Nzuki, who had been accused of allegedly defiling four boys aged between 13 and 16 at Scream Africa Children's Home in Mihago Estate, Nairobi. The offence was committed on diverse dates between 2008 and 2012.
Kyambia released the accused on the grounds that the charges were framed and did not meet the threshold for prosecuting and jailing him. Nzuki was first arraigned at the Makadara court on September 9, 2013.
During the hearing of the case, some of the complainants claimed that the accused, who was then the director of the children's home, would entice them with money and invite them to his house.
"He would call me to sleep in his room, kiss me on the mouth, and caress me, one of the children claimed.
Some of the witnesses, who were workers at the children's, claimed to have warned Nzuki to stop the indecent behaviour after receiving reports from the children.
However, witnesses who defended the former director of the children's said they were not aware that he sexually abused children under his care.
In his ruling, Kyambia said that a doctor who testified on September 24, 2013, ruled out the defilement of three children whose private parts were normal without any injuries. The doctor, only identified as Maundu, has since died.
"On cross-examination, he (Maundu) told the court he did not see any anal injuries but opined that minor injuries would heal between 7 and 14 days, depending on the extent of the injuries," said the magistrate.
Further, Kyambia noted that one of the investigating officers said that some complainants had recanted their statements.
He said it was clear one witness had promised the boys a good life if they implicated the accused with the offence of defilement.
"This may explain why some of the complainants recanted their statements," said Kyambia.
It was a relief for Nzuki, who had been sentenced to 100 years in prison by Milimani Senior Principal Magistrate Zainab Abdul for alleged defilement committed between 2010 and 2016 at the children's home.