Kayugira Dante, Kakamega
A man who had been accused of rape has been acquitted by a Kakamega Court due to lack of evidence.
Kakamega Chief Principal Magistrate Ndururi while acquitting William Oketch found that the prosecution did not prove the case beyond reasonable doubt.
Oketch was accused of gang rape by Belinda Amayo Mukabi on November 29, 2021, at Shimanyiro area in Kakamega County.
According to Belinda, Mr Oketch and his colleague not before the court came to their homestead and asked for drinking water.
In the court papers, Belinda accused him of forcefully taking her to the bedroom, where he undressed and raped her against her consent.
A medical report was prepared and established that Belinda suffers from mental health.
This is according to a medical reported dated May 20, last year which was prepared by a one, Dr. Mbiti of Kakamega County General Hospital.
There was also observation by the doctor that Belinda’s memory was poor and that she had bizarre behavior that made it had to make conviction based on her uncorroborated testimony, especially considering that the mandatory minimum sentences involved are very severe.
In cross examination, Belinda refused to answer questions from Oketch and instead stared steadily at him.
Belinda’s mother stated, “on 4th November 2021, I noticed that Belinda was scratching her private parts, and when I inquired what was wrong , Belinda told me that the people who had been making bricks near our home had raped her. In the previous week, the accused and another person had been making bricks. I reported matter to Shimanyiro police station,”
Mr Ndururi Kakamega Chief Principal Magistrate, in his ruling said that the prosecution had failed to prove the case before him.
“After careful consideration of all the evidence presented before me, I find that the prosecution has not proved its case against the accused person on either the main count or alternative count beyond reasonable doubt,” said Mr Ndururi
“I therefore find the accused person not guilty as charged therein, and hereby proceed to acquit him accordingly under section 215 of the Criminal Procedure Code. He is forthwith set at liberty unless lawfully held. Likewise, he is discharged and allowed to collect the security deposited herein,” the Chief Principal Magistrate ruled