Charles Muriuki Wamae v Republic [2016] KEHC 2701 (KLR)
- Court
- High Court of Kenya
- Case number
- 2701
- Citation
- [2016] KEHC 2701 (KLR)
- Decided
- 7 October 2016
The court finds that there was sufficient evidence to convict the appellant on the main offence, and the sentence imposed was harsh, hence it is disturbed and substituted with a sentence of 10 years imprisonment.
Facts
The appellant was charged with defilement of an imbecile and an indecent act with an adult. The prosecution alleged the appellant had carnal knowledge of the complainant, an imbecile, on January 21, 2012. The appellant pleaded not guilty and was found guilty of attempted defilement.
Issues
- whether the learned magistrate erred in convicting the appellant on charges that were not proved
- whether the learned magistrate erred in convicting the appellant based on unreliable prosecution evidence
- whether the learned magistrate erred in shifting the burden of proof to the appellant
Reasoning
The inculpatory facts, including the appellant being found with the complainant in an odd place, both undressed, and the trace of semen in the complainant's vagina, were incompatible with the appellant's innocence and incapable of any other reasonable hypothesis than his guilt.
Outcome
Appeal dismissed with a variation of the sentence
Orders
- Substitute sentence of 10 years imprisonment for the appellant
Authorities cited
Legislation (2)
- Penal Code
- Sexual Offences Act, No. 3 of 2006
Cases cited (3)
- Republic versus Kipkering Arap Koske & Another
- Simon Musoke versus Republic
- Teper versus Republic (1952) AC 480
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