David Nyaruri Bosando v Republic [2015] KEHC 2168 (KLR)
- Court
- High Court of Kenya
- Case number
- 2168
- Citation
- [2015] KEHC 2168 (KLR)
- Decided
- 12 October 2015
The appellant's conviction is quashed and his sentence is set aside due to the lack of concrete proof of the complainant's age and the doubt raised by the appellant's defense.
Facts
The appellant was charged with defilement of a 4-year-old child, M W, by the accused, who was known as 'pastor'. The prosecution called five witnesses, including the child complainant and her brother, who testified that the accused molested the child. The appellant denied the charges and called one witness in his defense.
Issues
- Lack of proof of the complainant's age
- Doubt raised by the appellant's defense
Reasoning
The court held that the prosecution failed to prove the exact age of the complainant, a crucial element for conviction under Section 8 of the Sexual Offences Act. The appellant's defense cast doubt on the prosecution's case.
Outcome
Appeal allowed, conviction quashed, sentence set aside
Orders
- Quash conviction
- Set aside sentence
- Set appellant at liberty
Authorities cited
Legislation (1)
- Sexual Offences Act, 2006
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