A 53 year old man charged with attempts to defile a minor was acquitted after the prosecution failed to convince a Makueni court otherwise.
Patrick Mbithi Mueti was acquitted by Senior Resident Magistrate (SRM) Joan Otieno who said the evidence adduced in court would not support the charges.
“The prosecution errored in charging the accused with attempted defilement or the alternative of indecent act, the evidence on record does not support the charge therefore resolving the error in the accused person’s favour,” said Ms Otieno while giving her ruling on Tuesday.
Mueti is alleged to have committed the act on August 4, 2018 at Kyakavi village, Mukuyuni sub-location Makueni Sub-county where he intentionally attempted to defile a 12-year old minor who is his granddaughter.
However, in his defence, the accused had denied the charge and told the court that they had differed with the complainant’s father over his habit of physically abusing his wife.
Further the accused told the court witnesses produced in court were fabricated adding that the plaintiff had sworn to destroy him.
By Patrick Nyakundi and Veronicah Kaunda
