Court of Appeal dismissed a defilement appeal, upholding the conviction and life sentence after finding the complainant’s age, penetration, and alibi issues were properly handled.
The High Court found that the prosecution proved all elements of the offence of incest beyond reasonable doubt. The complainant's evidence was credible, consistent, and corroborated by her mother and medical evidence. The relationship between the appellant and the complainant was established as father and daughter. Penetration was proved through the complainant's testimony and medical findings. The appellant's defence was found to be a mere denial and did not rebut the prosecution's case. The trial court's failure to impose the mandatory life sentence was an error, as Section 20(1) of the Sex…
The court found that the prosecution had proved all the essential elements of the offence of defilement beyond reasonable doubt. The minor's evidence was detailed, consistent, and credible, describing the events and the appellant's actions with clarity. The minor's age was established by a birth certificate, and medical evidence, though not showing visible injuries, corroborated the minor's account through findings of occult blood and tenderness. The identification of the appellant was positive, as he was known to the minor and other witnesses, and the circumstances of the offence did not all…
The High Court at Malindi dismissed a criminal appeal against a 20-year defilement sentence, finding the victim’s age, penetration, and identification proved.
The court found that the prosecution had adduced overwhelming evidence proving all the ingredients of the offence of incest by a male person under the Sexual Offences Act. The relationship between the appellant and the complainant was established as stepfather and stepdaughter, the age of the victim was confirmed to be 11 years at the time of the offence, and medical evidence corroborated the complainant's testimony of penetration. The appellant's defence, including allegations of fabrication and alibi, was considered but found inconsistent and unconvincing. The sentence of twenty years' impr…
The High Court dismissed a defilement appeal, upheld conviction, and substituted life imprisonment with a 30-year term running from the date of arrest.
Bundi v Director of Public Prosecution [2024] KEHC 8310 (KLR)
Court
High Court
Case number
Criminal Appeal E137 of 2022
Judge
LW Gitari
High Court upheld a conviction for attempted defilement, finding overt acts toward penetration were proved, but reduced sentence for time spent in custody.
The Court found that the prosecution proved all elements of the offence of incest by a male person under section 20(1) of the Sexual Offences Act. The complainant was below 18 years, and the evidence of penetration was corroborated by both the complainant and the clinical officer, despite the lapse of time. The lack of voir dire examination for the complainant, who was 15, was not an error, and although voir dire was omitted for PW2 (aged 13), her evidence was corroborative and not essential for conviction. The appellant's defence of fabrication due to a grudge was unsupported and unconvincin…