Garison Kamau Waithanje v Republic [2020] KECA 505 (KLR)

Facts

The appellant, Garison Kamau Waithanje, was accused of defilement and an indecent act with a child. The complainant, MKM, alleged that the appellant repeatedly defiled him between April 2014 and March 2015. The appellant denied the charges and was convicted and sentenced to life imprisonment.

Issues

1. Whether the appellant was denied a fair trial due to the lack of witness statements.
2. Whether the sentence of life imprisonment is constitutional and appropriate given the appellant's age and the Supreme Court's ruling in Muruatetu case.

Reasoning

The court found that contradictions in witness testimonies were not material and that the appellant was found naked in the appellant's house with injuries in his anus, which pointed to the appellant as the perpetrator. The court also noted the constitutional concerns regarding mandatory sentences and the appellant's age.

Outcome

Appeal dismissed, sentence reduced from life to 20 years.

Authorities cited