NAIROBI, Kenya, Jun 12 – The High Court sitting in Milimani has set aside a 35-year jail sentence made against a school teacher based in Garissa County.
Justice Alexander Muteti found and held that the prosecution in the trial Magistrate court did not adduce sufficient evidence to warrant the conviction against Hussein Hassan.
The judge said that the defence lawyer Danstan Omari did demonstrate during the hearing of the appeal that the prosecution failed to demonstrate by way of evidence that in deed the convict committed the offence of defilement
Consequently, the judge set aside the judgment and ordered the convict who is being held at Kamiti maximum prison be set free.
The convict has already served two years in jail.
Speaking to journalists after the judgement, Omari said that his client was jailed purely on matters of clanism.
He said an attempt to have the appeal heard in Garissa High Court was not successive as the presiding judge disqualified himself, and the file was transferred to Nairobi.
The lawyer further said that his client lost her beloved mother during the pendency of the appeal.
He said that the judge has considered his submissions and has set free his client, who will now join members of his family in Garissa.
