Samburu Court drops teacher defilement charges against a minor
A Samburu Court has quashed defilement charges against a teacher Dominic Bosire, in Maralal, Samburu County who had been charged with defiling a 12-year-old girl at Milimani Primary School.
Senior Resident Magistrate Abraham Gachie in his ruling said that the prosecution failed to table sufficient evidence against the teacher.
Mr. Gachie observed that the prosecution side didn’t provide DNA results in court and the teacher was never subjected to any DNA test.
“What would have cleared doubts was a DNA examination of PW1’s child and the accused person as had been sought by the prosecution. The prosecution never availed the DNA results and the accused person stated that he was never subjected to a DNA examination,” he explained.
The magistrate also explained that the victim and clinical officer handling the case gave the court a contradictory statement on the happening of events.
“Further doubts are created by the PW1’s evidence that defilement took place on 5th day after they opened the schools on August 28, ’17 and again four days later. That is on September, ’17 and September 6, 2017. This evidence was contradicted by the clinical officer who gave evidence that conception took place within the month of August 2017,” said the magistrate.