Kithinji v Republic (Criminal Appeal 28 of 2018) [2024] KECA 1060 (KLR) (23 February 2024) (Judgment)

Facts

The appellant, Julius Kithinji, was convicted of delement contrary to sections 8(1) and (2) of the Sexual Offences Act (No. 3 of 2006) for sexually assaulting a 9-year-old girl named J.M. on 9th February 2015. The complainant testified that the appellant grabbed her, gagged her, and took her into the bush where he caused his penis to penetrate her vagina. The appellant denied the allegations and claimed he was away on duty.

Issues

1. Appellant's claim that the complainant's age was not proved beyond doubt
2. Appellant's claim that he was not at the scene and could not have committed the offence
3. Appellant's claim that the prosecution did not call the owner of the watering point

Reasoning

The court finds the complainant's age to be 8 years old, below the age of 11, and dismisses the appellant's claim. The court also finds that the appellant's alibi was not considered and that the prosecution's evidence was cogent and irrefutable.

Outcome

Appeal dismissed

Authorities cited