John Bundi Kinyua v Republic [2017] KEHC 2799 (KLR)

Facts

The appellant was charged with defilement and indecent act with a child. The complainant testified that she met the appellant in the bush and was defiled by him. The appellant denied the charges and raised an alibi defense.

Issues

1. Whether the learned magistrate erred in law and facts by not considering the child's report and the teacher's testimony.
2. Whether the learned magistrate erred in law and facts by not considering the time from work based on the appellant's constitution.
3. Whether the learned magistrate erred in law and facts by not considering the complainant's plea of getting an STD disease.
4. Whether the learned magistrate erred in law and facts by not considering the complainant's testimony about the appellant's alibi.
5. Whether the learned magistrate erred in law and facts by not considering the complainant's testimony about the appellant's demand for money.

Reasoning

The court found that the complainant's testimony was clear and consistent, and the appellant's alibi defense was rejected as an afterthought. The court also noted that the complainant reported the incident on August 5th, 2014, and was treated on the same day.

Outcome

Appeal dismissed

Authorities cited