Baraka Mwaro Maingi v Republic [2019] KEHC 892 (KLR)
- Court
- High Court of Kenya
- Case number
- 892
- Citation
- [2019] KEHC 892 (KLR)
- Decided
- 23 December 2019
The appeal is upheld, and the conviction is set aside due to the failure to call key witnesses and the insufficiency of evidence regarding the complainant's age.
Facts
The appellant is accused of committing an indecent act against a 13-year-old girl, GFK, in Malanga Sub-location, Kilifi County. The complainant and her sister testified that the appellant touched the girl's vagina, but the prosecution did not call the sister or the motor cycle rider who dropped the complainant at the appellant's house.
Issues
- Failure to call key witnesses
- Insufficiency of evidence regarding the complainant's age
- Trial court's assessment of the complainant's testimony
Reasoning
The court found that the trial court erred by not summoning the sister and the motor cycle rider, who could have provided crucial evidence regarding the complainant's age and the circumstances of the incident.
Outcome
Appeal successful, conviction set aside
Authorities cited
Cases cited (2)
- Okeno v R {1972} EA 32
- Bukenya &others v Uganda {1972} EA 549
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