A case in which a man from Madogo, Tana River county is alleged to have posted in a social media platform nude pictures of his wife whom they sired three children with today failed to take off in a Garissa court after office of the DPP cited defects in the charge sheet.
The accused who runs a private chemist in Madogo was to appear in a Garissa court charged with the offense that he committed between 25th and 31st of last month.
According to the DPP official who requested anonymity because he is not authorized to talk to the media said the charge sheet lacked ‘crucial evidence’ to sustain the case.
“The investigating officer should prove that the number that posted the explicit pictures belongs to the accused person and that the mobile phone service provider should issue a certificate as proof that it originated from the accused person,” the official said.
“There is no written report by the investigating officer based at the DCI Madogo that details investigation he has gathered and evidence thereof,” he added.
The official said the file has since been returned to the investigating officer with footnotes of gaps noted.
Addressing the press outside the law courts, Mohamed Dabaso, a Madogo based volunteer activist pointed an accusing finger at the investigating officer claiming that he was out to derail the case.
Dabaso said a senior administration officer based in Madogo who presented the accused to the DCIs office on Friday last week helped to bail him out is also trying to influence the case.
“This officer and close family members have delayed the case. Its after we involved the media that the police have started taking action,” Dabaso said.
“The defects in the charge sheet and delay in presenting the case before court is deliberate and part of a wider scheme to deny the poor lady justice,” he added.
He urged the office of the DPP that many Kenyans have confidence in to follow up the case to its final conclusion.
“I want to also urge human rights activist and the women fraternity from Tana River to come out and pressurize the police to hasten investigation into the case. We don’t want shoddy investigations. We demand a water tight case,” Dabaso said.
“The police have all the evidence to convict the accused,” he noted.
Khadija Mohamed a cousin to the victim who received the nude pictures said the victim is traumatized and cries throughout.
My cousin has been indoors since the incident. She is so traumatized and cannot leave the house. She cries day and night,” Khadija said.
Khadija confirmed that the accused differed with her estranged husband but faulted him for going to the extreme and posting her nude pictures on the social media.
“She is stack naked in the photos. I didn’t belief at first site that the pictures were that of my cousin,” Khadija said.
“The list that we demand from the police and the court is nothing but justice for my cousin,” she added.