• Musyoka was charged in 2015 but released on bond.
• Prosecution failed to prove its case.
An Administration Police officer charged with defiling a minor is now a free man after the complainant failed to testify against him.
Patrick Musyoka was accused in 2015 with defiling a girl below the age of 15 years. He was also charged with indecently touching the private parts of the minor.
He pleaded not guilty to the charges and was released on bond.
According to the court documents, the accused committed the offences at Oleseous in Kiserian, Kajiado county.
The complainant failed to attend court sessions without giving any valid reason.
The prosecution even requested for a warrant of her arrest but she refused to come to testify again.
The prosecution then closed the case after the investigating officer failed to produce the complainant to testify.
Yesterday Kibera senior resident magistrate Jane Kamau acquitted the accused.
Kamau said that the case had overstayed (since 2015) and no evidence had been availed. She stated that if the complainant wanted to bring the case back it could be resumed.
“You are therefore acquitted according to the law since the complainant has not testified and the prosecution has not proved the case against you. You are free to go home,” she ruled.
“This was a 2015 matter and the complainant was about 17 years. I therefore, close the file.”
(Edited by O. Owino)