Mutenje v Republic
Mutenje v Republic [2025] KEHC 10551 (KLR)
The High Court found that the prosecution had proved all the essential elements of the offence of defilement beyond reasonable doubt. The complainant's age was established by a birth certificate, and her testimony, which was detailed and consistent, did not require corroboration as she was 15 years old and thus not a child of tender years. The medical evidence, while not strictly necessary, supported the complainant's account by indicating the presence of epithelial cells consistent with penetration. The appellant was positively identified, and his relationship with the complainant was not in…
Source excerpt
- Defilement
- Sexual Offences Act
- Evidence Of Children
- Corroboration
- Sentencing Principles
- Appeals Process