A Murang’a court has acquitted a 45-year old man charged with sodomizing his six-year-old nephew.
According to the charge sheet, Martin Muchiri was facing charges of sodomizing his nephew in Maragi area of Murang’a County on September 12, 2024.
In his sworn testimony, the minor stated that on the material day, he was playing outside his grandmother’s house when the accused approached him with a packet of snacks, held his hand, took him to his house before committing the act.
The child’s mother, Esther Nyawira, who was a witness in the case, testified that on the day of the alleged incident, she had escorted her sister-in-law and upon returning home, she did not find the victim but later saw him coming from the accused’s house.
The mother admitted before the court coercing her son into saying what had happened by threatening to take him to the police and punish him.
Nyawira also revealed that the accused is her brother-in-law and that they have had ongoing land disputes for some time.
The medical report presented in court indicated the presence of small bruises on the anal opening but did not conclusively establish penetration, stating that such injuries could result from various factors unrelated to sexual assault.
In his ruling, Senior Resident Magistrate Erick Musambai said without clear medical evidence confirming penetration, the prosecution’s case remained unsubstantiated.
The court also noted the possibility of external influence on the victim’s testimony.
“Initially, the complainant was reluctant to disclose any wrongdoing until his mother threatened to take him to the police. This coercion raised concerns that the allegations may have been made out of fear rather than truthfulness,” stated the magistrate.
Musambai further noted the inconsistencies in the complainant’s statements weakened his credibility.
“He claimed the alleged offence had occurred on multiple occasions but failed to specify when, how, or why he had not reported the incidents earlier,” he added.
Additionally, Musambai said, the existence of a land dispute between the complainant’s mother and the accused suggested a potential motive for false accusations, further undermining the prosecution’s case.
“The lack of clarity and specificity in the testimonies cast doubt on the reliability of both the complainant and the witnesses. I hereby acquit the accused on the ground of inconsistency in the testimonies and lack of enough evidence.
“The prosecution has failed to provide sufficient and credible evidence to support the charges. Given the inconsistencies in testimony and lack of medical proof of penetration, the benefit of doubt must be given to the accused. Therefore, this court finds the accused not guilty,” the magistrate affirmed.
By Bernard Munyao and Catherine Kamunyo
