SIMON KARIUKI KIHIKA v ATTORNEY GENERAL [2012] KEHC 587 (KLR)

Facts

The Appellant was charged with defilement and indecent act with a child, and convicted and sentenced to 10 years' imprisonment. The particulars of the charges were incorrect but did not affect the substance of the case.

Issues

1. Failure to find that the Appellant was not subjected to medical examination
2. Failure to find that identification evidence was doubtful
3. Failure to find that essential witnesses were not called
4. Rejection of defence testimony without cogent reasons
5. Failure to find that the person who implicated the appellant was called to give evidence
6. Failure to observe that the circumstances of the appellant's arrest were out of implication by one Ngugi (deceased)

Reasoning

The court found that the trial court did not err in its findings and rulings.

Outcome

Appeal dismissed