Shadrack Mutuma Kaberia v Republic [2020] KEHC 3476 (KLR)

Facts

The appellant, Mutua Ndatho, was charged with defilement but was convicted on an alternative charge of committing an indecent act with a child. The complainant, PW1, testified that the appellant touched her vagina with his finger on 22nd September 2016. The appellant's mother, PW2, and the clinical officer, PW4, corroborated the complainant's testimony.

Issues

1. Prosecution failed to prove case beyond reasonable doubt
2. Inconsistencies in evidence
3. Defect in charge

Reasoning

The evidence is consistent and the discrepancies do not amount to a miscarriage of justice. The mandatory minimum sentence is appropriate given the circumstances.

Outcome

Affirm conviction and sentence

Authorities cited