This is an interesting case and the second one at that. Here an MCA from Kuria is charged and convicted of rape. The rape kit taken of the victim turned no DNA from the accused. Nevertheless the magistrate convicted the man on the grounds that the hymen had been broken and therefore proof of defilement.
In a similar case The High Court in Embu acquitted a man on appeal even though it had been proven that the hymen had been broken on grounds that there was no proof that he had broken it or that it was not broken earlier. The age of the girl had also not been established. A birth certificate appears not to be enough and one has to undertake a more scientific approach. This shows me that these so called magistrates do not read law reports to understand when they are fucking up. This MCA may have done it but should he appeal he will be a free pedophile.
http://www.the-star.co.ke/news/mca-jailed-15-years-defiling-13-year-old-school-girl#sthash.LDjupJU0.dpuf
Topic: No DNA But Court Convicts for Rape (Read 2233 times)