In a case that has sparked conversations about justice and evidence in sexual offenses, the Kibera Magistrate Court delivered a verdict on December 16, 2024, acquitting Peter Mwaura Njoroge, a technician at Aga Khan Hospital, of the charge of committing an indecent act with a minor.
The Allegations
Njoroge was accused of inappropriate contact with an 11-year-old girl during an EEG procedure at the hospital in March 2021. According to the prosecution, the minor alleged that Njoroge, under the guise of cleaning her after applying oil to her head, inappropriately touched her. The grandmother, who was present at the hospital, reported the incident after the girl shared her discomfort.
The Court Proceedings
The prosecution presented four witnesses, including the minor, her grandmother, a hospital colleague, and the investigating officer. The court reviewed the evidence, including the child’s testimony, which stated that she was given medication that made her drowsy before the procedure. However, the defense argued that the accused only performed his professional duties and demonstrated that close physical proximity was necessary for the procedure.
The Verdict
In analyzing the case, the court noted that while the complainant’s testimony was admissible under the Evidence Act, corroborating evidence was required to support the claim. The judge highlighted the absence of additional medical or procedural testimonies to prove that the accused acted with indecent intent.
As a result, the court ruled that the prosecution had failed to prove the case beyond a reasonable doubt, leading to Njoroge’s acquittal. Additionally, his cash bail of Kshs. 100,000 was ordered to be refunded.
Reflections on the Case
This judgment raises questions about the challenges of proving sexual offenses, especially when the victim’s testimony is the primary evidence. It also underscores the need for thorough investigations and corroborating evidence in such cases. While the accused walks free, the case remains a reminder of the complexities surrounding justice in sexual offense trials.