Kabarnet Court acquits man accused of defiling minor due to lack of evidence

A Kabarnet court has acquitted Joseph Lesita, who had been in custody for seven months on charges of allegedly defiling an 11-year-old girl, citing lack of evidence.

Lesita faced charges of defiling the minor on September 28, 2023, at around 11 pm at Kokwa Island in Salabani location, Marigat Sub County.

He was also accused of attempted defilement with an alternative charge of committing an indecent act with a child, contrary to Section 11 (1) of the Sexual Offences Act No. 3 of 2006.

Lesita denied the charges before Senior Resident Magistrate Edwin Mulochi.

The accused was arrested by marine officers based at Lake Baringo and taken to Marigat police station before being arraigned in court.

During the trial, Marigat Sub County Hospital Clinical Officer Langat Chirchir presented a duly filled P3 form and treatment notes as exhibits, which showed negative results.

“I am consequently unable to find in favour of the prosecution concerning alternative charges. The prosecution counsel has failed to prove the offence to the standard of beyond reasonable doubt. I therefore find the accused not guilty and acquit him under Section 215 of the Criminal Procedure Code,” stated Magistrate Mulochi.

In his ruling, Mulochi concluded that the element of committing an indecent act had not been proved to the requisite standard and ordered the immediate release of the accused unless lawfully held on other grounds.