This archive report was first published on 16 July 2019.
On July 16, 2019, the High Court in a landmark ruling set free a man convicted of defilement, citing the failure of prosecutors to prove the age of the girl involved.
John Barno had been sentenced to 10 years in prison after being convicted of defiling a girl at Bondeni Estate in Nakuru on September 2, 2012. He worked at a children's remand home in Nakuru at the time of the incident.
However, in a ruling delivered by Justice Joel Ngugi, Barno was released after it was established that the prosecution failed to adduce evidence on the age of the victim. The judge noted that the prosecution had initially realized the mistake and applied to recall its witnesses, but the trial court declined the application.
“The prosecution evidence was cogent. It placed the appellant at the scene and his identity was not put into question. However, as far as fate would have it, the first misfortune was the manner in which the prosecution handled the case. They forgot to adduce evidence on the age of the victim,” Justice Ngugi ruled.
The trial court had conceded in its judgement delivered on September 7, 2015, that the prosecution did not prove the age of the complainant. However, it held that the facts and evidence established that a sexual offence was committed.
