Christopher Kiptum Cheboswony v Republic [2015] KEHC 6545 (KLR)

Facts

The appellant was convicted of defilement of a five-year-old girl on July 20-21, 2010, at Keiyo District, Rift Valley Province. The victim did not testify but her mother testified through an intermediary. The appellant denied the charges.

Issues

1. Whether the charge was proved beyond reasonable doubt
2. Whether the investigations were shambolic
3. Whether the evidence of the minor was taken
4. Whether the appellant was denied access to witness statements
5. Whether the appellant's fundamental rights were violated

Reasoning

The court found insufficient evidence to prove the appellant's guilt, including discrepancies in the victim's statements and the absence of clear medical evidence linking the appellant to the defilement.

Outcome

Appeal allowed, conviction and sentence set aside

Authorities cited