High court in Mombasa has acquitted a man who was serving a 10 year jail term for sodomizing a 15 year old boy at Likoni within Mombasa County.
High court judge Said Chitembwe casted doubt that the evidence brought to lower court earlier did not clearly show that Ahmed Mohammed sodomized the boy at Rifadha mosque toilet at Likoni on 18th December 2012.
Chitembwe said that the evidence showed that the minor went to the mosque at around 4 pm in the evening and a male adult invited him for prayers, it is at the time when the boy, 15 years old by then and who was in class eight went to the mosque toilet to relieve himself where Mohammed grabbed him, covered his mouth and sodomized him.
“The account given out in the evidence in not reliable since the boy said that immediately after he left the toilet he found a cleaner carrying on with his duties outside the mosque but why is the cleaner not featured anywhere in evidence as a witness?” posed Judge Chitembwe.
Chitembwe said that no police records about the cleaner casting more doubt whether the boy was actually sodomized or it was a pure creation of the parents.
He also told the court that since he has poked many holes within the evidence, the court has come to the judgment that Mohammed be freed.
“The prosecution failed to convince the court that the incident really happened and affected the boy, the first hand evidence expected by the court was not gathered and that is the main reason why Mohammed who had already served three years of his 10 years jail term is set free” said Chitembwe.
