Abednego Macharia Njiru v Republic [2016] KEHC 2573 (KLR)
- Court
- High Court of Kenya
- Case number
- 2573
- Citation
- [2016] KEHC 2573 (KLR)
- Decided
- 13 October 2016
The conviction is quashed and the sentence set aside due to the error in charging the appellant with the wrong section of the Sexual Offences Act.
Facts
The appellant was charged with defilement of a girl aged 12 years, but the prosecution did not prove the age of the complainant. The trial court convicted the appellant under section 8(2) of the Sexual Offences Act, which covers offences against children 11 years or less, despite the complainant being 12 years old.
Issues
- Proving the age of the complainant
- Charging the appellant with the correct offence
Reasoning
The prosecution did not prove the age of the complainant, and the trial court convicted the appellant under section 8(2) instead of section 8(3) which applies to minors aged 12-15. The error was fatal to the prosecution's case.
Outcome
The appeal is allowed and the appellant is set at liberty.
Orders
- Quash the conviction and set aside the sentence
Authorities cited
Legislation (1)
- Sexual Offences Act No. 3 of 2006
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