Man who rode chicken freed

November 14, 2008 12:00 am

, MOMBASA, November 14 – A Mombasa court has freed a man who had been jailed for 10 years after admitting he had sex with a chicken.
Mr Wilson Mbaji was set free by High Court judge Joseph Sergon, who ruled that the prosecution failed to produce a veterinary report indicating the degree of injury the chicken sustained.
The judge also said the facts outlined in charge did not prove the offence.
He pointed out that the prosecution did not state which language the accused used and whether he understood it when he admitted the offence when he pleaded to the charge.
“The proceedings have been recorded in English and Kiswahili but the language used by the appellant has not been stated, making it difficult for us to determine whether he understood the language used,” he said.
Chief Justice Evan Gicheru in August had called for the file to enable him issue further directions.
Mr Mbaji, a 40-year-old polygamous man with three wives was sentenced to a decade behind bars by Mombasa Chief Magistrate Catherine Mwangi on his own plea of guilt.
The accused was charged and sentenced on July 4 this year in Mombasa.
He had been accused of committing the offence on July 2 this year at Kadzandani village in Bamburi.
The prosecution told the court that Mr Mbaji was caught in the act by a 15-year-old girl, who was his neighbour.
The girl’s mother Ms Dama Kiti Kombe, said in her report that she had rented out a single room to Mr Mbaji, who had only stayed at the premises for a month.
Her daughter had gone home from school and found Mr Mbaji on the act, but he did not notice he was being watched.
The prosecution said the chicken was later taken to a veterinary officer for assessment.
In mitigation, Mr Mbaji said he had three wives and five children who depended on him, but also disclosed that he had other wives had had passed away.
At the end of it all, the judge said: “I exercise my supervisory power of revision by quashing the conviction and setting aside the sentence.”


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