IAE v Republic (Criminal Appeal 159 of 2018) [2023] KECA 127 (KLR) (10 February 2023) (Judgment)

Facts

The appellant was charged and convicted of defilement with a victim who was initially reported to be 11 years old but later determined to be 15 years old.

Issues

1. Whether an error on the charge sheet on age discrepancy of the victim could affect the charge of defilement and sentencing.
2. Whether failure to include the words 'unlawfully and intentionally' in a charge sheet for the offence of defilement rendered the charge sheet defective.
3. Whether or not a complainant's hymen was broken was a fact that needed to be proved by the prosecution in an offence of defilement.

Reasoning

The court held that the omission of the words 'unlawfully and intentionally' in the charge sheet did not render the charge sheet defective. The court also found that the offence remained defilement despite the initial charge under section 8(1) and (2). The court confirmed that partial penetration sufficed for defilement and that the medical evidence supported the conviction.

Outcome

Appeal dismissed

Authorities cited