Pius Macharia Karoki v Republic [2020] KEHC 2965 (KLR)
- Court
- High Court of Kenya
- Case number
- 2965
- Citation
- [2020] KEHC 2965 (KLR)
- Decided
- 2 October 2020
The conviction is quashed and sentence set aside. The appellant is set at liberty unless lawfully held.
Facts
The appellant was charged with an indecent act with a child, and the prosecution's evidence was based on the testimony of the complainant and his uncle, who was also the complainant's uncle. The appellant's defense was that the charges were fabricated due to a grudge held by the assistant chief against him.
Issues
- Prosecution evidence was inconclusive and uncorroborated.
- Trial court erred in convicting the appellant without considering the appellant's defense.
- Trial court failed to call crucial witnesses and consider the appellant's defense.
- Trial court ignored the appellant's defense that the charges were fabricated due to a grudge held by the assistant chief against him.
Reasoning
The court found the prosecution's evidence to be inconclusive and uncorroborated, and the trial court erred in convicting the appellant without considering his defense. The court also noted the absence of crucial witnesses and the lack of evidence suggesting the appellant was charged for any offense connected with sexually assaulting Margaret's son.
Outcome
Appeal allowed, conviction quashed, sentence set aside
Orders
- Quash conviction
- Set aside sentence
- Set appellant at liberty
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