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February 16, 2019

Rape hearing put off again over DNA

Musa Mohamed from Madogo, Tana River, in a Garissa court yesterday /STEPHEN ASTARIKO
Musa Mohamed from Madogo, Tana River, in a Garissa court yesterday /STEPHEN ASTARIKO
A defilement case is destined for a long wait before it is concluded after hearing was adjourned over a failed DNA test.
Musa Mohamed, 25, from Tana River is charged with defiling and impregnating a Standard 3 pupil in March 2016. She gave birth to a baby girl.
DNA results were to form part of evidence and were to be presented in court yesterday. But a Garissa magistrate heard that the blood samples were spoilt and could not be relied on.
Prosecutor Edwin Balongo requested that new samples be collected and a new DNA test conducted. He said the samples taken earlier “were not stored properly”.
Garissa chief magistrate Cosmos Maundu ordered Mohamed and the baby be taken to Garissa Referral Hospital for blood samples.
This was the second time the hearing was delayed. On Wednesday last week, the case was adjourned after the pupil, now 13, disappeared from her home the previous day.
The court heard that “relatives of the accused misled her not to attend”. Maundu rescheduled the hearing and ordered police officers to look for her and produce her in court yesterday.
The girl resurfaced the next day and was taken to the Madogo police station. They produced her in court yesterday and she testified. Her parents also attended.
The prosecution however sought to have a fresh DNA test. Mohamed protested the decision. He said the case had taken too long and should be dispensed with.
“I’d like the court to consider my plight. I’ve been in remand for too long. The new development is like starting the case afresh,” he said.
The prosecution had its way as the magistrate stood by his directive.
A ruling will be made upon getting results of the new test. If it returns positive results, it would incriminate the accused, as proof of paternity would imply he raped the girl.
Meanwhile, the complainant has been readmitted to Life Frontier School. A Korean citizen offered to sponsor her education.
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