Michael Wachira Gatumu v Republic [2016] KEHC 3620 (KLR)

Facts

The appellant was convicted of defilement based on the direct evidence of the complainant, who testified that the appellant held her by her arm and took her to his house where he had sex with her during the material night. The complainant's mother also testified about the reddish and inflamed private parts of the complainant.

Issues

1. Inconsistencies in evidence
2. Fundamental rights violation
3. Failure to call witnesses
4. Credibility of witnesses

Reasoning

The court found no inconsistencies in the evidence and the complainant's testimony was believed. The court also found no violation of the appellant's fundamental rights. The failure to call witnesses was not a failure of justice. The sentence was also merited.

Outcome

Appeal dismissed