By J, KNA
A Kabarnet court has acquitted a pastor accused of defiling a 15-year- old girl after the prosecution witnesses failed to prove the case beyond any reasonable doubt.
In her ruling Senior Principal Magistrate (SPM) Caroline Ateya stated that the prosecution who called seven witnesses has failed to prove the case against the accused to the required standard of beyond reasonable doubt on all three counts.
Evans Bundotich had been charged that on December 24, 2023 at about 7pm at Tanyilel village in Baringo North Sub County within Baringo County, he intentionally defiled the girl aged 15 years.
The man of the cloth who faced an alternative charge of committing an indecent act with a child contrary to section 11(1) of the Sexual Offence Act no.3 of 2006 was accused that on the same date and place he intentionally and unlawfully touched the breasts and private parts of the said child.
Second count stated that on January 1, 2024 at around 5pm at Tanyilel village in Baringo North Sub County, the accused knowingly and unlawfully supplied the complainant with drugs to procure abortion contrary to section 160 of the penal code.
The prosecution evidence indicated that the pastor with Africa Inland Church (AIC), went to the complainant’s home where she lived with her grandmother and gave them sugar and tea leaves.
The evidence further stated that the accused told the grandmother he was in a hurry and asked the girl to escort him whereby on reaching the middle of a nearby forest he expressed his love for her allegedly promising to marry her as his second wife before pulling her into a bush and defiling her.
The court heard that in January the girl told her sister she was had been impregnated by pastor and upon being taken to hospital for test, she was confirmed pregnant.
Before schools reopened for the first term, the court was informed, the girl told the grandmother she was going to Kabarnet to buy school items but she is said to have disappeared to Migori.
The prosecution told the court that the accused was arrested on February 2, 24 where he recorded statements before being arraigned in court to face the stated charges.
A DNA test result on the child of the complainant presented to court excluded the pastor as the father.
The clergy in his defense told the court that on the said date and time he was not at the home of the complainant as alleged but had gone to another church which is about 7 kilometres, an assertion collaborated by three witnesses who testified to the fact.
The court was informed that the complainant was taken to hospital upon return from Migori, examined and was found to be pregnant.
In her ruling, the magistrate stated that no evidence of pregnancy test was done before the girl went to Migori where she is alleged to have lived with someone called Adams.
The court also ruled that the prosecution evidence on the second charge is not only contradictory but raises doubt as to whether the accused did try to facilitate the complainant to procure abortion.
Ms Ateya said that the prosecution case had not been proved beyond reasonable doubt and subsequently set the accused free under section 215 of the Criminal Procedure Code.
