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One Witness and No DNA Record Cost Prosecutors a 15-Year HIV Exposure Conviction in Narok


A guilty plea to one charge did not carry the other. A man identified as SNK admitted incest with his 19-year-old maternal niece and received a three-year prison sentence. The separate charge of deliberately exposing her to HIV had led to a 15-year term, and that is the one the High Court overturned.


The case against him on that count was thin, according to the story. Senior Sergeant Jackline Kemunto, who led the investigation, was the only prosecution witness. She produced medical documents showing he was HIV positive and the young woman tested negative. But in his appeal, he argued that she had not witnessed the alleged encounters and could not say whether protection was used. He also questioned the absence of testimony from the young woman, pregnancy records and DNA evidence.


Justice Charles Kariuki ruled that his admission to incest was not enough to establish that he had deliberately exposed her to HIV. The judge stressed that each criminal charge must be backed by sufficient evidence before a conviction can stand.


The ruling concerns proof, not the conduct itself. The incest conviction and three-year sentence remain. The story does not say whether the prosecution will appeal, or why the young woman did not testify.

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