Court acquits man convicted of sodomising 15-year-old

The High Court has freed a man who had been jailed for 10 years over claims of sodomising a minor.

Ahmed Muhsin Mohamed had already served three years in jail after the lower court found him guilty of sodomising a 15-year-old boy in a mosque toilet during evening prayers.

But High Court judge Said Chitembwe released him based on doubts in the testimony given in the lower court.

In the case, the victim, a Standard Eight pupil, alleged that Mohamed had told him that there would be funeral prayers at Riyadha Mosque in Mombasa at 4pm on December 18, 2012, and he requested him to attend.

Mohamed’s accuser told the court that he went to the mosque but found there was no activity and decided to relieve himself in the mosque toilet.

In the testimony used to convict Mohamed in the Magistrates Court, the teen added that on opening the door, he was pulled in by the suspect who covered his mouth before sodomising him.

The minor told the court that he was saved by the sound of water trickling from a tap outside; an indication that someone was washing his hands. The boy told the court that he ran out of the toilet and found the mosque cleaner.

 Unconvincing narrative

The judge did not believe the narrative. “I find some doubt on testimony as to how the incident occurred. I also find it difficult to agree with the version that he met the mosque cleaner and went to look for the appellant. The Prosecution never mentioned him to be part of the witnesses. Further, the timing of 4pm is quite crucial as it is time for prayers and many people would visit the toilets before entering the mosque. I do find that the appellant is entitled to the benefit of doubt,” the judge ruled.

According to Justice Chitembwe, it was unclear how the crime could have occurred at a time for prayers. He questioned how no one heard the two struggling in the toilet.

The minor had also told the court that the only witness in the case, the cleaner, was kicked out of the job after the incident but the judge found it strange that the same person never recorded a statement at the police station and was never called to testify in court.

“The Prosecution never mentioned him to be part of the witnesses,” the judge said, adding, “There was no indication that the mosque cleaner had recorded his statement with the police.”