A Mombasa magistrate ordered a mini harambee to raise funds for a man who had been acquitted over charges of defilement.
The suspect, Josephat Lisharana had been acquitted under section 215 of the criminal procedure code(CPC) due to lack of evidence.
In his request to Mombasa’s principal magistrate Martin Rabera, the suspect informed the court that he had been in remand for the past three years and had nowhere to go. He noted that his only wish was for the court to come to his aid and facilitate his travel to Baragoi.
“I’m happy that I am finally free. l knew l would be set free one day, it has been a long wait. Now that I am free, l have no means to get home to my family, I request you your honour to come to my rescue,” he pleaded.
Court donates
In a quick rejoinder to his application, Rabera requested court users to donate towards his request to enable him to travel back home.
“It is my humble request to the court users today that we donate anything to him to ensure he goes back home and begins his life afresh,”Rabera Said
The court users led by the magistrate, suspects, police orderlies and members of the public in the initiative, managed to raise Ksh2600.
I think you now have enough to enable you to go back to your family, travel back home and reunite with your family safely,” he said.
In his judgment, Rabera had noted that there was insufficient evidence to warrant the conviction of the suspect.
“Having analyzed the evidence above and having observed the demeanour of the witnesses more so the complainant herein, l find the evidence is so insufficient to warrant the conviction on both the main charge and alternative count, as such the court proceeds to acquit the accused herein,”Rabera ruled.
Rabera further revealed that the evidence before his court showed that the complainant had disappeared from home for over a week by the time she was traced.
He also noted that on the alleged day the complainant was sleeping with a man who had promised to marry her.
“The long and the short of it is that there is no evidence on record to prove, that the accused defiled the complainant on the alleged day,”Rabera said.
The accused had been charged with the offence of defilement
The particulars were that on January 22, 2019, the accused unlawfully and intentionally defiled a 15-year-old child at Shelly beach area in Likoni sub-county within Mombasa county.
He was further slapped with a second count of committing an indecent act with a child.
