Charles Kibunja Mwareri v Republic [2020] KEHC 6877 (KLR)

Facts

The complainant, a 97-year-old woman, was raped by the appellant on June 21, 2015, in Njoro District, Nakuru County. The appellant approached her in June and asked if she remembered him, and they chatted. Later, the appellant grabbed her and forced her to the ground, raping her.

Issues

1. Whether the evidence is inconsistent, contradictory, and incredible.
2. Whether the appellant was properly identified.

Reasoning

The court reevaluated the evidence and found the complainant's testimony credible, noting her ability to identify the appellant and her consistent account of the incident. The court also found the appellant's identity established.

Outcome

Affirmed

Authorities cited