The High Court in Milimani has overturned a 35-year prison sentence imposed on a Garissa County-based teacher.
Justice Alexander Muteti ruled that the prosecution before the trial magistrate’s court failed to present enough evidence to support the conviction of Hussein Hassan.
The judge noted that defence counsel Dunstan Omari effectively demonstrated during the appeal hearing that the State had not established, through evidence, that the accused committed the defilement offence.
As a result, the court quashed the earlier ruling. It directed that the convict, who has been incarcerated at Kamiti Maximum Prison, be released immediately.
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By the time of the ruling, Hassan had already served two years behind bars.
Addressing reporters after the decision, Omari stated: “My client was jailed purely on matters of clanism.”
He explained that efforts to have the appeal handled at the Garissa High Court had failed after the judge there recused himself, prompting the transfer of the case to Nairobi.
Omari further disclosed that during the course of the appeal, “his client lost her beloved mother.”
He expressed relief that the judge had considered his arguments and released his client, who is now expected to reunite with his family back in Garissa.
By Joseph Mambili
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