High Court frees man jailed 100 years for defiling 4 minors, cites lack of credible evidence

Justice Alexander Muteti at the Milimani High Court ruled that the conviction by Principal Magistrate Zainab Abdul was unsafe and could not stand, citing contradictions, unreliable testimonies, and a lack of credible medical evidence.

The judge said the trial court failed to properly evaluate the evidence and instead relied on uncorroborated and inconsistent witness accounts. 

The court also faulted the decision to order second age assessments for some of the minors, terming it prejudicial and an attempt to help the prosecution fill gaps in its case.

Medical reports from Kenyatta National Hospital (KNH) and Mama Lucy Hospital revealed that all the complainants had normal genital and anal examinations, showing no signs of penetration or injury.

The judge noted that the absence of medical proof, coupled with a long delay in reporting the alleged offences, rendered the prosecution’s case unreliable.

The court further questioned the credibility of the witnesses, observing that some appeared to have been influenced by third parties, including a teacher and a children’s officer, who may have orchestrated a scheme to frame Nzuki. 

Evidence also suggested that the minors had been expelled from the home and later associated with individuals who had personal disputes with the accused, among them a foreign volunteer allegedly seeking control of the home and its donor funds.

In his judgment, Justice Muteti concluded that the allegations were likely part of a plot to oust Nzuki from the management of the institution. 

He found that the prosecution had failed to prove its case beyond reasonable doubt and declared the conviction unsafe.

Consequently, the court quashed both the conviction and the sentence, ordering Nzuki’s immediate release unless he is otherwise lawfully held.

Nzuki was sentenced by a lower court. Dissatisfied with the ruling he appealed at the High Court.

Through his lawyer John Swaka, Nzuki challenged the sentence arguing that the trial magistrate erred in convicting and sentencing him.