Embu court frees pastor accused of sexually assaulting 23-year-old girl

The Embu Law Courts on Thursday acquitted a Full Gospel Church pastor who was accused of sexually assaulting a 23-year-old undergraduate student.

Pastor Benson Mwaniki Njuki was freed after the prosecution failed to establish a prima facie case against him over the alleged offence.

He had been charged with intentionally and unlawfully using his fingers to penetrate the private parts of the girl without her consent between May 1st and 2nd, 2023 within the church premises at Gaturi location in Embu North sub-county.

In a separate charge, the preacher was alleged to have committed an indecent act with an adult by caressing her genitalia without her consent.

The magistrate noted that they were too many discrepancies in the case, as the complainant claimed that Mwaniki inserted his fingers into her vagina under the guise of deliverance prayers and in the presence of another witness.

In his ruling, the judge stated that the complainant’s conduct was not consistent with a person who had been wronged or had anything done to her without her consent.

This since the girl attended prayers on the first day and did not report or say anything to anyone, and then went back again on the second day and did not report the alleged crime to her father, only to her mother with whom they both agreed to keep quiet.

It was also established that she failed to seek his brother’s company to the church despite him suggesting it, and further did not report the matter to the police or any other authority.

The judge stated that, as a matter of fact, the matter was only before the court because of the girl’s parents, and that her demeanour when giving evidence was inconsistent with that of a person who had been gravely offended.

The magistrate also added that the complainant could not truthfully answer why she went to the church with her trouser tied only with sisal, and why she needed prayers all together.

The court noted that the complainant went back to the same church the following day, and later went back to campus where she was summoned by police after her father had reported the matter to police 24 days after the alleged offence.

"Having considered the above authorities the court finds that the prosecution has failed to establish prima facie case against the accused person and accordingly acquits him of the offence of sexual assault,” read the ruling.