Alaric Mganga Jembe v Republic [2017] KEHC 3969 (KLR)

Facts

The appellant was charged with defilement of a child aged 8 years. The prosecution alleged that the appellant had sexual intercourse with the child on May 22, 2012, at the appellant's home. The appellant pleaded not guilty and was found guilty by the trial magistrate.

Issues

1. The trial magistrate erred in convicting the appellant on the charge of defilement
2. The trial magistrate erred in law and fact in convicting the appellant on evidence that did not meet the standards required in law to uphold a conviction for the offence
3. The trial magistrate erred in law and fact by meting upon the appellant with an excessive sentence
4. The trial magistrate erred in not properly considering the evidence and the defendant's submission

Reasoning

The evidence presented by the prosecution was found to be unreliable and did not meet the required standard of proof.

Outcome

The conviction and sentence are quashed.

Authorities cited