Charles Ndung’u, a teacher at Tumaini Primary School in Mirang’ine, Nyandarua wants his conviction and sentence quashed on grounds that the prosecution failed to prove beyond reasonable doubt that he committed the offence. Ndung’u in his application said his trial and conviction was erroneous adding that the prosecution failed to prove the age of the minor.
The teacher said that the names in the charge sheet were different as the complainant used different names making it unclear on who the complainant is. Ndung’u through his lawyer argued that the minor’s parents were never called to ascertain her age and identity adding that court relied solely on the evidence of the minor. “The complainant introduced herself by one name, the charge sheet has two and the P3 and PRC forms have one name. All the names are different.”
“The prosecution failed to prove the age of the complainant. The P3 form has never been used as a basis of age assessment as it was done,” said Ndung’u said. Ndung’u in the application said the minor in her testimony contradicted herself by saying they were supplying vegetables to the teacher but earlier she had said she did not know him prior to the incident.
The court heard that prosecution witnesses, the minor’s brother and another man, who allegedly witnessed the incident, were never called to testify in the case.
State counsel Amos Chigiti, however, opposed the application saying the appellant who positively identified and that it was proven that the minor’s hymen was broken through penetration.
Justice Joel Ngugi will make the ruling on July 4.