Kenneth Mwatia Mwengu v Republic [2020] KEHC 3074 (KLR)
- Court
- High Court of Kenya
- Case number
- 3074
- Citation
- [2020] KEHC 3074 (KLR)
- Decided
- 9 September 2020
The appeal succeeds on the ground of fair trial, and the conviction is quashed. The appellant shall be released and produced before another competent court.
Facts
The appellant was convicted for defilement of a child on September 14, 2015, at a tea estate village in Nandi County. The complainant, aged 16, was followed by the appellant under the guise of shielding himself from the rain and was defiled.
Issues
- fair trial
- recalling witnesses
Reasoning
The court found that the appellant's rights under section 200 of the Criminal Procedure Code were not availed to him, allowing him to recall witnesses. The court considered the nature of the evidence and the possibility of availability of witnesses, concluding that a retrial is in the interest of justice.
Outcome
Appeal successful, conviction quashed, appellant released
Orders
- Quash conviction
- Release appellant into police custody
- Appellant to be produced before another competent court
Remedies
- Re-trial of the case
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Sexual Offences Act
Cases cited (2)
- Samuel Wahini Ngugi v. R (2012) eKLR
- Ahmed Sumar vs. R (1964) EALR 483
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