Josphat Kibet Korir v Republic (Criminal Appeal 63 of 2016) [2017] KEHC 449 (KLR) (3 November 2017) (Judgment)
- Court
- High Court of Kenya
- Case number
- 449
- Citation
- [2017] KEHC 449 (KLR)
- Decided
- 3 November 2017
The court finds the complainant to be 17 years old and dismisses the appellant's defense. The conviction is upheld, and the sentence of 20 years is reduced to 15 years.
Facts
The appellant, Josphat Kibet Korir, was charged with defilement of a girl aged 17 years. The complainant, N C K, testified that she was 18 years old and a Form 2 student at the time of the incident. The appellant denied the charges and claimed the complainant was his girlfriend and they had consensual sex.
Issues
- Whether the complainant was 17 years old at the time of the incident
- Whether the appellant's defense was credible
Reasoning
The court re-examines the evidence and finds the complainant to be 17 years old, proving the first ingredient of the offence. The appellant's defense is dismissed as fabricated.
Outcome
Appeal partially successful, conviction upheld, sentence reduced from 20 years to 15 years
Orders
- Conviction upheld
- Sentence reduced to 15 years
Authorities cited
Legislation (2)
- Sexual Offences Act, 2006
- Minimum mandatory sentence for defiling a girl aged 16-18 years
Loading judgment…