Court Uses Facebook Chats with Lover to Acquit Kenyan Man of Rape Charges

A 23-year-old Kenyan man was acquitted of rape charges after Facebook chats with the complainant showed they were in a love affair.

On Thursday, Meru Chief Magistrate Lucy Ambasi set free the accused person Timothy Syengo Mutua, who had been charged with raping Phyllis Kasyoka in Imenti North, Meru County in 2018.

In her ruling, Magistrate Ambasi noted that Mutua was framed since there was no evidence linking him to the crime.

She said that Facebook chats between the accused and the alleged victim as well as evidence by witnesses proved that.

Speaking after the ruling, Mutua said the case wasted his money, time and derailed his life goals.

"I think I will forgive her. I was so much stressed during the trial. It is upon the court and the police to do whatever they think is rightful to the complainant. I thank God I'm free from the framed case," an overwhelmed Mutua said.

He was also facing an alternative charge of an indecent act.

His Facebook chats with the complainant, which were presented in court as evidence, saved him. The two met on the social media network and began dating.

The complainant had told the court that the accused drugged him before raping her.

Mutua, on the other hand, said he had known Kasyoka since 2010 but was framed after the complainant's brothers assaulted him.

“I was rescued by neighbors. I was taken to the police. They filed defilement charges and later rape. I did not spoil Kasyoka who was my 'bestie' and we were dating from high school but we haven’t had sex," he said.

"We were planning to marry afterwards. I swear to this court I didn’t have sex with her. These are framed up charges. My uncle Titus Musyoka was in the house the whole night. Tom, [the complainant’s brother] told me he would 'onyesha me adabu,'"he testified.