Pascal Nabwani v Republic [2016] KEHC 1825 (KLR)

Facts

The appellant was charged with defilement and indecent act with a child. The prosecution alleged that the appellant committed these acts on November 8, 2012, at the appellant's shop. The appellant's daughter, PW1, testified that she was defiled by the appellant.

Issues

1. The credibility of the prosecution's evidence
2. The prosecution's failure to call the complainant's father as a witness
3. The trial court's decision not to conduct a voir dire examination of the minor witness

Reasoning

The court found the evidence to be water tight, with no glaring contradictions. The trial court's decision not to call the complainant's father as a witness was within the prosecution's discretion. The court also found that the trial court's decision not to conduct a voir dire examination of the minor witness was not a significant error.

Outcome

Appeal dismissed

Authorities cited