Joseph K. Turgut v Republic [2014] KEHC 1076 (KLR)

Facts

The appellant, Joseph K. Turgut, was charged with attempted defilement of a five-year-old child, VC, by a teacher. The prosecution presented evidence from the child's mother and a clinical officer, while the appellant denied the charges.

Issues

1. Evidence adduced by the prosecution was at variance with the particulars of the offence.
2. The trial magistrate failed to consider the appellant's plea of not guilty.
3. The trial magistrate shifted the burden of proof to the defence.
4. The appellant was not provided with legal counsel.
5. The evidence of the witnesses was contradictory and full of discrepancies.
6. The trial magistrate considered extraneous circumstances in arriving at the decision.
7. The appellant was not medically examined to rule out the possibility of a third party being the perpetrator.

Reasoning

The evidence presented by the prosecution was inconsistent with the particulars of the offence, and the trial magistrate erred in shifting the burden of proof to the defence. The appellant was not provided with legal counsel and was not medically examined.

Outcome

Appeal allowed, conviction quashed, sentence set aside, appellant released

Authorities cited