A German national accused of defiling a 15-year-old Rwandese girl in Kilifi has been acquitted after the court ruled that the prosecution failed to prove the charges beyond reasonable doubt.
Kilifi Chief Magistrate James Mwaniki freed Netzband Tim Marvin, who had been facing four charges: defilement, an indecent act with a child, trafficking in persons, and child pornography, alongside promoting a sexual offence with a child under the Sexual Offences Act.
“The court has carefully considered the charges, the evidence on record, exhibits, and submissions by the defence. There were no submissions by the prosecution at the time of writing this judgement,” said Mr Mwaniki.
A German national accused of defiling a 15-year-old Rwandese girl in Kilifi has been acquitted after the court ruled that the prosecution failed to prove the charges beyond reasonable doubt.
Kilifi Chief Magistrate James Mwaniki freed Netzband Tim Marvin, who had been facing four charges: defilement, an indecent act with a child, trafficking in persons, and child pornography, alongside promoting a sexual offence with a child under the Sexual Offences Act.
“The court has carefully considered the charges, the evidence on record, exhibits, and submissions by the defence. There were no submissions by the prosecution at the time of writing this judgement,” said Mr Mwaniki.
The court also dismissed the trafficking charge, observing that the minor often visited Marvin’s home voluntarily;sometimes accompanied by her mother.
“None of the means defined by lawcoercion, abduction, fraud, deception, or abuse of power;was established in this case,” said the magistrate.
Medical evidence presented in court showed that the minor had an old hymenal scar but no fresh injuries. The magistrate also highlighted inconsistencies in the victim’s testimony, pointing out six messages retrieved from her social media account suggesting she had been pressured to frame Marvin.
It also emerged that the girl attempted suicide after Marvin allegedly cut ties with her at her mother’s request.
“When neither side has too much to boast of in honesty or credibility, the court cannot dismiss the possibility that the complainant may have acted in concert with others to frame the accused,” Mr Mwaniki remarked.
Marvin denied the defilement allegations, insisting he believed the girl was in her twenties due to her appearance, tattoos, and social lifestyle. He admitted, however, that they shared prescription drugs, cannabis, and alcohol together.
The Office of the Director of Public Prosecutions (ODPP), through Prosecution Counsel Nancy Njeru, has indicated plans to appeal the ruling.
