Kipruto v Republic (Criminal Appeal E058 of 2019) [2024] KECA 709 (KLR) (21 June 2024) (Judgment)

Facts

The appellant, Mathew Kipruto, was charged with delement (penetration) contrary to the Sexual Offences Act. The prosecution alleged that on 29th March 2018, the appellant intentionally and unlawfully caused his penis to penetrate the vagina of VJ, a 13-year-old girl. The appellant denied the charges.

Issues

1. Defectiveness of the charge
2. Fair trial
3. Contradictory evidence
4. Medical examination of the appellant
5. Sentence of 20 years imprisonment

Reasoning

The court held that the charge was not defective, the appellant was accorded a fair trial, the evidence was not contradictory, and the absence of medical examination of the appellant does not vitiate the finding of guilt. The sentence of 20 years imprisonment was upheld as it was within the trial court's discretion.

Outcome

Appeal dismissed in its entirety

Authorities cited