High Court overturns 35-year sentence for Garissa school director in defilement case

The High Court has quashed a 35-year prison sentence previously imposed on Hussein Hassan Ali, the director of Mwangaza Schools in Garissa, marking a turn in a high-profile defilement case.

In a judgment delivered by Justice Alexander Muteti, the court found that the original conviction by the Garissa Magistrate’s Court lacked sufficient evidentiary support, particularly concerning the critical element of penetration required to sustain a defilement charge.

Justice Muteti faulted the lower court for placing excessive weight on the complainant’s testimony without adequate corroboration.

“Although the victim was reportedly taken to the hospital the same night, no medical records were produced in court to support claims of examination,” the judge observed.

He further noted that the prosecution failed to call the medical intern who allegedly treated the victim, a lapse that Justice Muteti said weakened the integrity of the case.

The judge also raised serious concerns about the forensic evidence, citing testimony from a medical doctor who examined the victim and found no spermatozoa in the swab samples, contradicting the victim’s account.

The ruling also criticised the trial court’s failure to give due consideration to the defence’s arguments.

Justice Muteti underscored that the possibility of a grudge could not be ruled out, referencing a prior disciplinary incident involving the complainant, who had been caught with a prohibited mobile phone containing explicit material.

“The trial magistrate did not sufficiently evaluate the alibi presented by the accused and his witnesses,” the judge added. “This omission rendered the conviction unsafe.”

The case had initially concluded in July 2023 with a guilty verdict and a lengthy sentence for Hussein.

However, the High Court’s latest decision clears him of the charges, and he walks free following nearly a year of legal appeals.