Businessman acquitted of defilement charges

Photo/FILE

The court said the prosecution failed in entirety to prove the case beyond reasonable doubt.

What you need to know:

  • Mr George Karunji Thayu, who operates a petrol station in the town, had been accused of defiling a girl from Mugoiri Girls High School two years ago.
  • On Friday, Murang’a Resident Magistrate Joseph Masiga said the prosecution failed in entirety to prove the case beyond reasonable doubt.

A prominent businessman in Murang’a County who had been accused of defiling a school girl has been acquitted for lack of enough evidence.

Mr George Karunji Thayu, who operates a petrol station in the town, had been accused of defiling a girl from Mugoiri Girls High School two years ago.

He was also accused of indecently touching the 17-year-old girl’s private parts inside his house at Muchungucha village on October 20 and 21, 2011.

The incident allegedly happened when the girl was on her way back to school after a short break.

Mr Thayu however denied the two offences and was released on a Sh200, 000 bond and surety of similar amount.

On Friday, Murang’a Resident Magistrate Joseph Masiga said the prosecution failed in entirety to prove the case beyond reasonable doubt.

He also accused the school girl of giving contradicting statements during the proceedings and lying to her teachers and parents.

According to the magistrate, the girl lied to her parents that she had gone to school but ended up somewhere else.

She also lied to her teachers and therefore was likely “to also lie in court if she could lie to people with authority over her”, he added.

“Certain aspects of her testimony had discrepancies for example how could a girl of her intelligence stay locked in a house she was defiled without doing anything?” he posed.

A doctor’s report, the magistrate said, did not also show that the minor suffered any trauma.

“Therefore, I find that the third ingredient of the offence of defilement was not proved. Therefore, the main charge fails in it entirety,” Mr Masiga said.

Mr Thayu praised the judgment insisting he had been framed.