EDWARD MURIGI MUKUHA V REPUBLIC [2012] KEHC 1837 (KLR)

Facts

The appellant was charged with defilement of a girl, but was convicted on the alternative charge of indecent act with a child. The prosecution evidence included the testimony of the child victim and her mother.

Issues

1. Whether the prosecution discharged the burden of proof
2. Whether the trial court took into account inconsistencies in the prosecution evidence
3. Whether the alternative charge of indecent act was proved
4. Whether the trial court shifted the burden of proof to the appellant
5. Whether the trial court arrived at a decision without wholly weighing the evidence

Reasoning

The court found that the prosecution evidence was consistent and that the appellant was identified by the child victim as the perpetrator. The alibi defense was not tested due to the appellant's late presentation.

Outcome

Appeal dismissed

Authorities cited