Naibei v Republic (Criminal Appeal 234 of 2011) [2012] KEHC 3010 (KLR) (24 July 2012) (Judgment)
- Court
- High Court of Kenya
- Case number
- 3010
- Citation
- [2012] KEHC 3010 (KLR)
- Decided
- 24 July 2012
The conviction is quashed and the Appellant is found guilty of attempted rape on each charge. He is sentenced to 12 years on each count, to run concurrently.
Facts
The Appellant was convicted of defilement of two children, aged 11 and 9, on 7/1/2010. The prosecution evidence included testimonies from the children, who claimed the Appellant attempted to penetrate them but could not due to his genital size. The Appellant denied the charges and claimed he was framed by PW4.
Issues
- Whether the conviction was based on sufficient evidence
- Whether the trial court erred in accepting the children's testimonies without corroboration
- Whether the Appellant's sentence was appropriate given the circumstances
Reasoning
The court found the children's testimonies credible and that the evidence was insufficient to prove the Appellant's guilt beyond a reasonable doubt. The court also noted the Appellant's first-time offense and the circumstances surrounding the incident.
Outcome
Appeal allowed
Orders
- Quash conviction
- Convict on attempted rape charges
- Sentence to 12 years on each count, to run concurrently
Authorities cited
Legislation (3)
- Sexual Offences Act No. 3 of 2006
- Evidence Act
- Oaths and Statutory Declarations Act
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