Peter Kiprono Mutai v Republic [2015] KEHC 2902 (KLR)

Facts

The appellant, Peter Kiprono Mutai, was convicted of attempted defilement on July 1, 2010, at Kapsiekwa village, Keiyo South District, Rift Valley Province. The complainant, an 8-year-old girl, testified that the appellant removed her clothes and touched her buttocks and private parts. The appellant removed his clothes and was found kneeling down by his wife, who screamed.

Issues

1. The validity of the sentence imposed by the trial court
2. Whether the appellant's mitigation grounds were considered by the trial court

Reasoning

The court found the evidence of the complainant and her wife sufficient to prove the charge beyond reasonable doubt. The appellant's mitigation was considered, but the sentence was within the law and commensurate with the moral blameworthiness of the offender.

Outcome

Appeal dismissed

Authorities cited