ENID KAARI NG’ANG’A v REPUBLIC [2006] KEHC 1126 (KLR)

Facts

The Appellant, Enid Kaari Ng’anga, was charged with supplying drugs or instruments to procure an abortion. Rahab Muthoni Kamau, a 17-year-old girl, approached the Appellant for an abortion on July 5, 2005. The Appellant gave Rahab two tablets and later 14 tablets to take. Rahab reported abdominal pain and miscarriage on July 7, 2005, and the foetus was found the next day.

Issues

1. Whether the Appellant supplied drugs or instruments to procure an abortion
2. Whether the conviction was based on mistaken identity
3. Whether the learned trial magistrate relied on hearsay evidence
4. Whether the Appellant appealed against the sentence

Reasoning

The prosecution's evidence was not sufficient to prove the case. The Complainant's evidence was not corroborated, and the Appellant denied supplying the drugs. The appellate court found the conviction unsafe and quashed it.

Outcome

Appeal allowed, conviction quashed, Appellant set free

Authorities cited