AKK v Republic (Criminal Appeal 55 of 2019) [2025] KECA 1144 (KLR) (20 June 2025) (Judgment)

Facts

The appellant, AKK, was charged with incest and indecent act with a minor. The complainant, L.W.K., alleged that the appellant committed incest and indecent act with her. The appellant was found guilty and sentenced to life imprisonment.

Issues

1. Whether the learned Judge failed to consider the existence of bad blood between the appellant and the complainant's mother.
2. Whether the elements of the offence were proved.
3. Whether the learned Judge erred in relying on section 124 of the Evidence Act.
4. Whether a crucial witness was not called to testify.
5. Whether the first appellate court did not properly discharge its mandate.
6. Whether the appellant's defence was not considered.

Reasoning

The court found no reference to section 124 of the Evidence Act by the learned Judge. The evidence of the complainant was corroborated by medical evidence, allowing for conviction. The concurrent findings of fact by the two courts below were upheld. The sentence was upheld as the complainant was a child and the trial court had the authority to pass the life sentence.

Outcome

Appeal dismissed

Authorities cited