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Kenya decisions
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On first appeal, the High Court affirmed a father's incest conviction based on the complainant's credible evidence, but found the proof of her age unreliable and reduced the sentence from thirty years to ten years' imprisonment.
On appeal, the High Court upheld a 10-year defilement sentence, finding the 13-year-old complainant's age proved by her child health card and her voir dire defect non-fatal.
On appeal, the High Court set aside a defilement conviction, holding the prosecution failed to prove beyond reasonable doubt that the accused penetrated the complainant and caused her pregnancy, absent DNA evidence.
On appeal, the High Court upheld a defilement conviction of a 7-year-old, set aside the life sentence due to the appellant's mental illness, and entered a special finding of guilty but insane.
The Court of Appeal upheld Gabriel Muya’s conviction and life sentence for defiling two minors, finding penetration and identification proved and rejecting the alibi.
On first appeal, the High Court at Siaya upheld an 8-year-old's defilement conviction and 30-year sentence, finding penetration medically corroborated, the complainant's uncorroborated evidence admissible under section 124 of the Evidence Act, and the uncalled witness's absence non-prejudicial.
On appeal, the High Court set aside a defilement conviction of a 10-year-old child for lack of proof of penetration on the material date and substituted a conviction for the cognate offence of indecent act with a child.
Court of Appeal upheld rape convictions, holding medical evidence was not mandatory where the complainant’s evidence was believed and recognition was safe.
Court of Appeal dismissed a second appeal against a defilement conviction, holding that penetration, the complainant’s age, and identification were proved.
On first appeal, the High Court held that penetration in a child defilement case was not proved beyond reasonable doubt, quashed the defilement conviction, and substituted a conviction for the lesser offence of indecent act with a child, reducing the sentence to ten years.
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