Richard Walley v Republic [2015] KEHC 1791 (KLR)
- Court
- High Court of Kenya
- Case number
- 1791
- Citation
- [2015] KEHC 1791 (KLR)
- Decided
- 7 October 2015
The Court of Appeal found that the prosecution's evidence raised doubts about the complainant's age, which was a borderline case. The court ruled that the prosecution should have produced an age assessment report or baptism card to prove the complainant's age.
Facts
The Appellant was charged with Defilement of a 17-year-old girl, PW2, who was his lover. The Appellant denied the charge and claimed he was in Kapsabet during the incident. The prosecution's evidence raised doubts about the complainant's age.
Issues
- Proof of the complainant's age
- Proper admission of the P3 form
Reasoning
The court emphasized that the prosecution's evidence on the complainant's age was inconclusive, and it should have been proven through an age assessment report or baptism card.
Outcome
The appeal was allowed, and the conviction was set aside.
Orders
- The conviction of the Appellant was set aside
Remedies
- The Appellant was acquitted and released from custody
Authorities cited
Legislation (2)
- Evidence Act
- Sexual Offences Act
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