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Friday, July 28, 2017

Mother faints as three charged with defiling her son are acquitted

"Nyakweba also noted the deceased was considered a paranoid witness since he was mentally challenged." /ELKANA JACOB
"Nyakweba also noted the deceased was considered a paranoid witness since he was mentally challenged." /ELKANA JACOB

A woman fainted after a Mombasa court acquitted three people accused of gang-raping her mentally ill son.

Aisha Kalinda was rushed to hospital when she collapsed after the ruling was made.

Jamal Salim, Mohammed Hassan and Daudi Mwachiro were accused of defiling the 10-year-old boy in November 2015. The boy died in May 2016.

Principal magistrate Henry Nyakweba said there was insufficient evidence linking the suspects to the act.

He said the court could not admit a statement from a dead person as it would be against the constitution and international laws.

Nyakweba also noted the deceased was considered a paranoid witness since he was mentally challenged.

"The statement should have been corroborated by his mother who brought him to the police station," he said.

The magistrate also said police should have taken statements from the boy's teachers and friends.

He added a report by a doctor at Coast Provincial General Hospital indicated the boy did not have fresh wounds.


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