B A A v Republic [2017] KEHC 100 (KLR)
- Court
- High Court of Kenya
- Case number
- 100
- Citation
- [2017] KEHC 100 (KLR)
- Decided
- 28 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from conviction and sentenceCoramJ. M. Bwonwonga
Holding
The appellant's conviction and sentence are upheld.
Facts
The appellant was convicted of incest and deliberate transmission of HIV. The complainant testified that she was 12 years old, while the clinical officer testified she was 10 years old. The immunization card and ante-natal clinic card indicated she was 11 years old.
Issues
- Age of the complainant
- Penetration of the vagina
- Essential witnesses
- Appellant's impotency
Reasoning
The court finds the complainant's age to be 12 years old based on the immunization card. The evidence of penetration and essential witnesses is sufficient. The appellant's claim of impotency is rejected.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Sexual Offences Act No. 3 of 2006
- Criminal Procedure Code (Cap 75) Laws of Kenya
Cases cited (4)
- Kimatu Mbuvi t/a Kimatu Mbuvi & Bros v. Augustine Munyao Kioko (2007) 1 EA 139
- Kibangeny arap Kolil v. R (1959) EA 92
- Bukenya v. Uganda (1972) EA 549
- Peters v. Sunday Post Ltd (1958) EA 424
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…