Boniface Manyaa v Republic [2018] KEHC 122 (KLR)

Facts

The appellant was convicted of defilement and sentenced to life imprisonment. The father of the complainant reported the incident, but the appellant fled. The complainant testified that the appellant tricked her into going with him to collect money for vegetables, during which he defiled her.

Issues

1. Trial magistrate's failure to appreciate the evidence of the appellant
2. Contradictory evidence of prosecution
3. Defective charges
4. Insufficiency of evidence to prove the age of the complainant
5. Trial magistrate's decision was arrived at in a cursory manner
6. Prosecution's reliance on a document procured after the complainant reported the matter

Reasoning

The court found that the trial magistrate's decision was not erroneous. The procedure in voire dire examination was acceptable. The complainant's age was established by credible evidence, including the birth certificate and the father's testimony.

Outcome

Appeal dismissed

Authorities cited