JOHN WAMBUGU KUNGU V REPUBLIC [2012] KEHC 442 (KLR)
- Court
- High Court of Kenya
- Case number
- 442
- Citation
- [2012] KEHC 442 (KLR)
- Decided
- 15 November 2012
Summary at a glance
TypeCriminal AppealPostureAppeal from conviction and sentence in Criminal Case No.1464 of 2009CoramFRED A. OCHIENG
The appeal is dismissed. The conviction and sentence are upheld.
Facts
The appellant was charged with Indecent act with a female child, and was convicted and sentenced to 10 years imprisonment. The prosecution witnesses testified that the appellant's penis came into contact with the complainant's vagina.
Issues
- Section 214 of the Criminal Procedure Code was not complied with.
- Sections 107 and 163 of the Evidence Act were not complied with.
- The evidence was contradictory and inconsistent.
- The evidence was insufficient and vital or crucial witnesses did not testify.
- The defence was formidable and plausible.
Reasoning
The prosecution proved that the appellant's penis came into contact with the complainant's vagina, and the evidence was corroborated by medical evidence. The appellant's defence was found to be an afterthought.
Outcome
Appeal dismissed
Authorities cited
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