A Nairobi High Court has quashed a 35-year jail sentence against a Garissa-based teacher convicted of defilement, citing lack of sufficient evidence by the prosecution.
Justice Alexander Muteti, sitting at the Milimani Law Courts, ruled that the prosecution failed to establish a credible case against Hussein Hassan, who had been sentenced by a Magistrate’s Court in Garissa.
The court ordered his immediate release from Kamiti Maximum Security Prison, where he had served two years of the sentence.
“The prosecution did not adduce enough evidence to sustain a conviction,” ruled Justice Muteti.
“The defence demonstrated significant gaps in the prosecution’s case, making the conviction unsafe.”
Defence lawyer Danstan Omari, who represented Hassan during the appeal, successfully argued that the case was marred by weak evidence and bias.
“My client was jailed purely on matters of clanism,” Omari told journalists outside the court.
“We could not even get the appeal heard in Garissa, as the presiding judge recused himself. That’s why the case was transferred to Nairobi.”
Omari also revealed that Hassan endured personal tragedy while behind bars, losing his mother as the appeal dragged through the courts.
“He has suffered enough. Justice has finally prevailed, and he can now return to his family in Garissa,” Omari added.
