NANDI: A primary school teacher in Nandi County has been acquitted of defilement charges after an MPesa message played a crucial role in proving his innocence.

The teacher, who was the defendant in a defilement case at the Nandi Magistrate Court, walked free after the court found him not guilty of defiling a form four female student.

In his judgment, the magistrate declared that the court had established the defendant’s innocence, stating that there was insufficient evidence to convict him.

The case, which had been heard late last year, saw a dramatic turn when the defendant’s lawyer argued that the victim was not a minor and had consensual sex with an adult over the age of 18.

Defense Lawyer

The defense lawyer argued that the victim, although a form four student, had already attained the legal age for consenting to sexual intercourse.

“Your honor, the victim in this case is not a minor. I can authoritatively say they had consensual sex with an adult who is over 18 years old,” the lawyer argued.

When pressed for proof of the victim’s age, the lawyer presented key evidence from the defendant’s phone—MPesa messages.

“The victim is a form four student, however, she is an adult who has attained the age of consenting to sexual intercourse,” the lawyer submitted.

Birth Certificate Disputed in Court

The family of the alleged victim had submitted a birth certificate stating that the girl was 17 years old and still in secondary school.

However, the defense team contested the validity of the document. “I want to submit to this court that the birth certificate was forged. Your honor, I have MPesa messages showing that the defendant had sent money to a phone number registered in the name of the plaintiff,” the defense lawyer argued.

The lawyer further explained that the MPesa account was registered with an identity card, and the name on the recipient’s account matched the alleged victim.

“It is common knowledge that an ID card is only issued to adults who are 18 years or older. The recipient of the money in the MPesa messages is the alleged victim,” the defense said.

After considering all the evidence, the magistrate concluded that the engagement between the defendant and the plaintiff was consensual.

“The court finds the respondent with no offense for engaging in sexual intercourse with the plaintiff. There was no coercion, and the engagement was consensual. The accused is found innocent of the charges,” the magistrate ruled.