Samir Yunus in court. Image: FILE

Former Kamukunji OCS Acquitted of Sexual Assault Charges Due to Lack of Evidence

Former Kamukunji OCS Chief Inspector Samir Yunus, previously charged with sexually assaulting a policewoman at a station, has been acquitted by a Nairobi court due to insufficient evidence.

In a ruling issued on April 30 by Milimani principal Magistrate Robinson Ondieki, Yunus was cleared of allegations of misusing his authority to harass female junior officers. The magistrate determined that the prosecution had not sufficiently substantiated the charges beyond reasonable doubt.

“The prosecution has failed to prove its case against the accused person beyond reasonable doubt, and I acquit him under section 215 of the Criminal Procedure Code (CPC),” stated Magistrate Ondieki.

The female officer had accused Yunus of assaulting her in his office at Dandora police station, alleging that the incident occurred on June 14, 2019. She claimed to have sought medical treatment two days later and reported the matter to then Inspector General of Police Hilary Mutyambai. Despite her allegations and subsequent legal actions, Yunus maintained that their relationship was consensual, citing evidence of intimate communication between them extracted from their mobile phones.

During the trial, Yunus argued that their relationship had soured after the woman became pregnant and chose to terminate the pregnancy against his wishes. He also mentioned her refusal to convert to Islam as a contributing factor to their breakup.

The court took into consideration evidence from the investigating officer, who testified that the complainant and Yunus had engaged in a romantic relationship for three years. Additionally, a prosecution witness confirmed their relationship but noted its tumultuous nature.

Ultimately, the court concluded that the charges against Yunus were likely motivated by the complainant’s personal grievances following the breakup, rather than evidence of criminal wrongdoing. Consequently, Yunus was acquitted, with the court highlighting the lack of reliability in the complainant’s accusations given the nature of their past relationship.

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