Joseph Katua Kiatu v Republic [2015] KEHC 3198 (KLR)

Facts

The appellant attempted to defile a 3-year-old child named J M M in his house on November 13, 2012. The child's mother testified that the appellant, who was a herds boy at the neighbor's house, chased away other children and then penetrated the child's vagina.

Issues

1. Whether the evidence was sufficient to prove the appellant's guilt beyond reasonable doubt.
2. Whether the trial court erred in allowing the mother to testify as an intermediary for the child.
3. Whether the trial court erred in not considering the appellant's defense.

Reasoning

The court found the evidence sufficient to prove the appellant's guilt beyond reasonable doubt. The court also found that the trial court did not err in allowing the mother to testify as an intermediary and did not fail to consider the appellant's defense.

Outcome

Appeal dismissed

Authorities cited