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The Court of Appeal allowed a second appeal in a defilement case, holding that the delay in reporting, questionable medical evidence, and unresolved defence issues made the conviction unsafe.
Ruling allowing the plaintiff to substitute an unavailable medical expert and file a supplementary list of witnesses and documents before hearing commenced, with costs borne by the plaintiff.
First appeal against a defilement conviction of a five-year-old child. The High Court upheld the conviction on penetration, age and identity, but substituted life imprisonment with 25 years.
On first appeal, the High Court upheld a defilement conviction of a 10-year-old where age, penetration and identification were proved, but reduced an excessive 40-year sentence to 20 years.
Kenya High Court partly allowed consolidated appeals against defilement convictions: the first appellant's conviction was quashed for want of proof, while the second appellant's conviction and 25-year sentence were upheld.
On first appeal, the Nyeri High Court upheld a defilement conviction, finding positive identification by recognition, proper admission of the medical report under Section 77 of the Evidence Act, and no fatal delay.
On appeal, the High Court upheld a defilement conviction and life sentence under the Sexual Offences Act, finding penetration proved by medical evidence and the complainant's age sufficiently established without a birth certificate.
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