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SKM v Republic [2025] KEHC 8361 (KLR)
The High Court upheld SKM’s conviction for defilement and the 20-year sentence, finding the complainant’s evidence credible, corroborated, and sufficient.
AK v Republic [2024] KEELC 6113 (KLR)
The court found that the prosecution had proved all the elements of the offence of incest beyond reasonable doubt. The age of the complainant was established by the birth certificate and was not disputed. The relationship between the appellant and the complainant as father and daughter was confirmed by all parties. The evidence of penetration was found credible, with the complainant's testimony corroborated by medical evidence from the clinical officer and the P3 form, which confirmed defilement and subsequent abortion. The court held that, under section 124 of the Evidence Act, corroboration…
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MG v Republic [2024] KECA 1197 (KLR)
The Court of Appeal held that DNA evidence is not a prerequisite for a conviction of incest under section 20(1) of the Sexual Offences Act; the prosecution's evidence, including the complainant's testimony, corroborated by documentary proof of age and the biological relationship, was sufficient to prove the offence beyond reasonable doubt. The appellant's alibi defence was found to be inconsistent and unsupported by the record. The sentence of 30 years' imprisonment, though below the statutory maximum of life imprisonment for incest with a minor under 18, was not unlawful or excessive. The Co…
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Republic v Mutie [2024] KEMC 36 (KLR)
The court found that the prosecution proved beyond reasonable doubt that the accused, James Kimeu Mutie, committed incest by a male person against his daughter, CM, a child aged 5 years. The court relied on the direct testimony of the victim, corroborated by medical evidence indicating penetration and injury, and found the victim's account credible and consistent. The court held that the law allows conviction on the sole evidence of the victim in sexual offences if the court is satisfied the victim is telling the truth, which was the case here. The relationship of father and daughter was admi…
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Mwangi v Republic [2024] KEHC 4728 (KLR)
The High Court allowed a defilement appeal, quashing conviction and sentence after finding the evidence inconsistent, uncorroborated, and not proved beyond reasonable doubt.
AMO v Republic [2024] KEHC 3151 (KLR)
The High Court found that the prosecution proved the offence of incest beyond reasonable doubt. The complainant was positively identified as the appellant's daughter, her age was established through an age assessment report, and her testimony regarding repeated sexual abuse was corroborated by teachers and medical evidence. The appellant's defence of denial and alleged vendetta over a land dispute was unsupported and did not displace the prosecution's case. The court held that corroboration of the minor's evidence was not legally required, and the absence of testimony from siblings was not pr…
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Jumbali v Republic [2023] KEHC 21991 (KLR)
The High Court found that the prosecution failed to prove the charge of defilement against the appellant beyond reasonable doubt. The court held that the evidence was riddled with material contradictions and inconsistencies, particularly regarding the nature and date of the alleged penetration. The complainant's testimony changed between vaginal and anal penetration, and the medical evidence did not conclusively support either claim. The court further found that the trial court improperly shifted the burden of proof onto the appellant and failed to respect his right to a fair trial, especiall…
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SOO v Republic [2023] KEHC 18977 (KLR)
The court found that the prosecution proved all elements of the offence of incest beyond reasonable doubt: the complainant was a 14-year-old girl, the appellant was her biological father, and penetration was established through the complainant's consistent testimony and corroborated by medical evidence. The appellant's defence of being framed was unsubstantiated and did not raise reasonable doubt. The court further held that the sentence of 15 years' imprisonment was within the statutory discretion provided by section 20(1) of the Sexual Offences Act, as interpreted by appellate authority, an…
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DKM v Republic [2023] KEHC 1515 (KLR)
The court found that the prosecution proved all elements of the offence of incest beyond reasonable doubt. The complainant's evidence was credible, consistent, and sufficient to sustain a conviction without corroboration, as permitted by Section 124 of the Evidence Act. Medical evidence corroborated the fact of penetration, and the identity and consanguinity of the appellant as the complainant's father were established beyond dispute. The absence of certain witnesses did not undermine the prosecution's case, as their evidence would have been peripheral or hearsay. On sentencing, the court aff…
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Chaka v Republic [2023] KEHC 1513 (KLR)
The High Court upheld a defilement conviction but reduced the 20-year sentence to 15 years, citing pre-trial custody and sentencing principle considerations.
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