An eight-year-old girl shocked a Kabarnet Court on Friday after denying that the father had defiled her as alleged by the mother.
The minor, who appeared before Principal Magistrate Edward Mulochi, in a case where the father was accused of defiling her on diverse dates between January and September 2024 at their home in Barwessa, Baringo North, told the court that no such incident ever happened.
The girl said at one point, she complained to her mother of stomach ache after consuming an uncooked meal, ‘githeri’, and was taken to hospital but her story was changed.
“Baba hakunifanyia kitu…” said the girl who was well versed with Kiswahili while being cross examined by the prosecution counsel led by Rebecca Bartilol.
She affirmed that although the family was sleeping in one bed, at no time did the father sexually molest her.
The turn of events prompted the mother who was outside court to be summoned where she admitted to framing her husband whom she claimed had neglected her and the children and went to stay with the first wife.
“I was very bitter about my husband and saw an opportunity when my daughter complained of a stomach ache, which made me lie to a doctor during checkup in order to fix him,” she said.
She begged the court for forgiveness alleging she was overwhelmed by issues of school fees and other household needs which required the presence of the husband.
The court heard that the wife had recorded a false statement at the Kabarnet Police Station before involving officials from the Childrens’ Department, human rights activists and the media in order to fix the husband.
Bartilol, while giving her submissions told the court that the matter is a case of fabrication with the intention of punishing the accused and called for the arrest and preference of charges against the complainant for the offence of giving false information to a police officer.
She added that continued withholding of the accused in custody based on fabrication will amount to grave injustice.
“I apply that the matter be marked as closed and the accused person be discharged unconditionally until and unless lawfully held,” stated the prosecution counsel.
In his ruling, PM Mulochi allowed the application by the prosecution to have the case closed.
The magistrate noted that after reviewing the evidence that no case has been made against the accused person, he went ahead to discharge him under section 210 of the Criminal Procedure Code.
