JMI v Republic (Criminal Appeal 50 of 2020) [2024] KECA 758 (KLR) (21 June 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 758
- Citation
- [2024] KECA 758 (KLR)
- Decided
- 21 June 2024
The appeal against conviction is dismissed. The appeal against sentence is partially successful, with the sentence of life imprisonment set aside and substituted with a sentence of 30 years in prison.
Facts
JMI was charged with incest by a male person and indecent act. The prosecution alleged that JMI committed incest with his 13-year-old daughter BW, who was at home alone with him. JMI denied the charges and claimed the prosecution was fabricated.
Issues
- conviction
- sentence
Reasoning
The court found the prosecution's evidence insufficient to prove the age of the complainant and penetration, and the failure to call the medical officer as a witness. The court also noted the appellant's repeated abuse of his daughter and the lack of a safe environment for her.
Outcome
Appeal against conviction dismissed, appeal against sentence partially successful
Orders
- Sentence of life imprisonment set aside
- Substitution of sentence with 30 years in prison
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