Paul Kimani Wanjiku v Republic [2020] KEHC 1689 (KLR)

Facts

The appellant was charged with defilement and indecent act with a child, and was convicted and sentenced to life imprisonment. The appellant appealed, alleging various grounds.

Issues

1. conviction on a charge not proved beyond reasonable doubt
2. failure to interrogate the birth certificate
3. conducting voire dire without fundamental questions
4. accepting the evidence of the minor despite allegations of coercion
5. failure to warn the appellant of the need for corroboration
6. accepting contradictory evidence of the minor

Reasoning

The court found the testimony of the complainant credible and corroborated by medical evidence. The appellant's complaints about investigations and corroboration were unfounded. The trial magistrate's conduct in voire dire and in listing issues for determination was in accordance with the law.

Outcome

Appeal dismissed

Authorities cited