The High Court in Nairobi has overturned the conviction and 100-year sentence imposed on Stephen Nzuki Mutisya, the former director of Scream Africa Children’s Home, who was previously found guilty of defiling four minors.
Justice Alexander Muteti of the Milimani High Court determined that the sentence handed down by Principal Magistrate Zainab Abdul was unsafe and unsustainable, referencing contradictions, unreliable testimonies, and insufficient credible clinical proof.
The judge stated that the trial court did not adequately assess the evidence, instead depending on uncorroborated and inconsistent testimonies from witnesses.
The court criticised the decision to mandate additional age assessments for certain minors, describing it as prejudicial and an effort to assist the prosecution in addressing deficiencies in their case.
Medical reports from Kenyatta National Hospital (KNH) and Mama Lucy Hospital indicated that all complainants exhibited normal genital and anal examinations, with no evidence of penetration or injury.
The judge observed that the lack of medical evidence, along with a significant delay in reporting the alleged offences, compromised the reliability of the prosecution’s case.
The court examined the credibility of the witnesses, noting that some seemed to have been swayed by external influences, including a teacher and a children’s officer, who may have devised a plan to implicate Nzuki.
Evidence indicated that the minors were expelled from the home and subsequently linked to some people who had differences with the suspects, including a foreign volunteer reportedly seeking control of the home and its donor funds.
Justice Muteti concluded that the allegations were likely part of a scheme to remove Nzuki from the institution’s management. The court determined that the prosecution did not establish its case beyond a reasonable doubt, rendering the conviction unsafe.
The court annulled both the conviction and the sentence, directing Nzuki’s parole right away unless he is lawfully detained for other reasons. Nzuki received a sentence from a lower court.
He appealed to the High Court due to dissatisfaction with the ruling. Nzuki, through his attorney John Swaka, contested the sentence, asserting that the trial magistrate made an error in both the conviction and sentencing.
