ADG v Republic (Criminal Appeal 125 of 2022) [2024] KECA 673 (KLR) (25 January 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 673
- Citation
- [2024] KECA 673 (KLR)
- Decided
- 25 January 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the High Court of Kenya at MombasaCoramGV ODUNGA, J. M. Mativo, SG KAIRU, J. LESIIT
Holding
The appeal is dismissed.
Facts
The appellant, ADG, was convicted of delement (sexual abuse) by the Magistrates Court at Shanzu Mombasa. The prosecution alleged that ADG abused and defiled STM, a 12-year-old child, over an extended period.
Issues
- Whether the trial court erred in considering other corroborating evidence while the evidence of the complainant should have stood alone.
- Whether the medical evidence was inadmissible and tampered with.
Reasoning
The court agreed with the High Court that the evidence of the victim was not the only evidence but was corroborated by other evidence. The medical evidence was admissible and not tampered with.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Evidence Act
- Criminal Procedure Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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