Republic v P M M [2015] KEHC 7806 (KLR)
- Court
- High Court of Kenya
- Case number
- 7806
- Citation
- [2015] KEHC 7806 (KLR)
- Decided
- 14 October 2015
The complainant is a vulnerable witness and should testify with the assistance of an intermediary.
Facts
The complainant is a child and a person with mental disability, charged with incest with the Respondent, who is her father. A psychiatrist's report indicated the complainant's mental instability, but the report was not conclusive.
Issues
- Whether the complainant is a vulnerable witness under the Sexual Offences Act.
- Whether the complainant should testify with the assistance of an intermediary.
Reasoning
The court held that the complainant is a vulnerable witness due to her status as a child and a person with mental disability. The court directed the preparation of a new medical report to determine the nature of assistance the intermediary will provide.
Outcome
The trial court's order is set aside, and the complainant is declared a vulnerable witness and allowed to testify with the assistance of an intermediary.
Orders
- Declare the complainant a vulnerable witness.
- Allow the complainant to testify with the assistance of an intermediary.
- Prepare a new medical report by the Psychiatrist.
Remedies
- Reversal of the trial court's decision.
- Declaration of the complainant as a vulnerable witness.
Authorities cited
Legislation (2)
- Sexual Offences Act
- Evidence Act
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