Written by Kelly Were
The High Court in Nairobi has overturned the conviction and 100-year prison sentence of Stephen Nzuki Mutisya, the former director of Scream Africa Children’s Home, ordering his immediate release.
The court, presided over by Justice Alexander Muasya Muteti in a virtual judgment, determined that the prosecution had failed to prove its case beyond a reasonable doubt, declaring the convictions for multiple counts of defilement and an indecent act to be “unsafe.”
This conclusion came after the judge found compelling evidence that the case was a coordinated frame-up.
Nzuki had originally been convicted by a lower court in 2022 on three counts of defilement and one count of committing an indecent act with a child, with the charges alleging he sexually assaulted several boys under his care at the home in Utawala between 2010 and 2016.
The trial magistrate sentenced him to 50 years, 20 years, 20 years, and 10 years for the respective counts, ordering the sentences to run consecutively, resulting in a total of 100 years imprisonment. During the appeal, however, the defense argued the case was a fabrication, an argument with which the High Court judge ultimately agreed.
Justice Muteti’s judgment highlighted the central role of a teacher and prosecution witness, Joseph Muraya, in what appeared to be a scheme to frame the appellant.
The court found that Mr. Muraya had met with the boys after they were expelled from the institution and facilitated their reports to the children’s officer. Crucially, Mr. Muraya was subsequently employed by Pehucci Children’s Home, the very institution to which the boys were relocated.
The judge stated that the evidence presented by the prosecution was “barely adequate” and filled with material contradictions, noting that while prosecution witnesses claimed they were reporting sexual abuse, the District Children’s Officer testified that the boys were brought to her for placement after being expelled for inciting others.
The judge concluded that the sexual abuse allegations appeared to be an “afterthought.”
Furthermore, the court found a fatal lack of medical evidence to support the victims’ claims, as medical reports for all the complainants showed no physical evidence of defilement or anal injuries. While a medical witness explained that such injuries can heal quickly, the judge ruled that this left the court with only the uncorroborated oral testimony of the victims, whose credibility was seriously in question.
Adding to the reasonable doubt, the judge drew an “adverse inference” from the prosecution’s failure to call key witnesses, including a woman named Brigid, who the defense alleged was the mastermind of the plot to take over the children’s home. The court held that their absence suggested their testimony would have been damaging to the prosecution’s case.
In his final ruling, Justice Muteti emphasized that the trial court had failed to properly consider Nzuki’s defense, which included witnesses who testified to the conspiracy.
He found that the evidence of a frame-up, coupled with the long delay in reporting the incidents and alterations found on age assessment documents, created reasonable doubt.
The convictions were therefore quashed, the sentences set aside, and Stephen Nzuki Mutisya was ordered to be freed unless held for any other lawful reason.
