In a major legal victory, the High Court has overturned a 35-year prison sentence handed to Hussein Hassan Ali, the director of Mwangaza Schools in Garissa, who had been convicted of defilement. The decision, delivered by Justice Alexander Muteti, was met with celebration from Hussein’s lawyer, Danstan Omari, and his family.
Justice Muteti ruled that the Garissa Magistrate’s Court erred in its judgment by heavily relying on the victim’s testimony without sufficiently corroborating evidence. He specifically noted that the prosecution had failed to conclusively establish one of the key elements of defilement: penetration.
“On the issue of penetration, there are significant concerns,” said Justice Muteti. “Although the victim (PW1) was taken to the hospital on the night of the alleged incident, no medical records were produced in court to confirm that he was examined.”
The judge further pointed out that a medical intern, who reportedly treated the victim, was never called to testify despite being a critical witness. This omission, he said, undermined the integrity of the prosecution’s case.
Justice Muteti also questioned the reliability of the forensic evidence. According to the victim, semen was deposited during the alleged defilement. However, the medical doctor (PW3) who conducted the examination testified that swab samples showed no presence of spermatozoa, casting further doubt on the prosecution’s narrative.
𝘓𝘢𝘸𝘺𝘦𝘳 𝘋𝘢𝘯𝘴𝘵𝘢𝘯 𝘖𝘮𝘢𝘳𝘪
In addition, the judge criticized the Magistrate for not fully considering the defense put forth by Hussein and his witnesses. He highlighted that the trial court overlooked potential motives for the accusation, noting that the victim had previously faced disciplinary action after being caught with a prohibited mobile phone containing pornographic material an incident that could have led to a grudge against the teacher.
Another aspect that raised doubt was the victim’s claim that Hussein drove him home after the alleged incident. Justice Muteti questioned the plausibility of such behavior following a serious criminal act.
“The trial court also failed to properly assess the alibi defense presented by the accused and his witnesses,” Justice Muteti added. “This oversight rendered the conviction unsafe.”
Concluding his judgment, Justice Muteti stated: “After a thorough review of the entire case, this court finds the conviction unsafe. Accordingly, both the conviction and the 35-year sentence are hereby set aside.”
Hussein was initially convicted and sentenced in July 2023 by the Garissa Magistrate’s Court, which had found him guilty of defiling a Form Two student at his school. With the High Court’s ruling, Hussein is now a free man.
