Francis Makau Muli v Republic [2020] KEHC 9299 (KLR)

Facts

The appellant, Francis Makau Muli, was charged with defilement and indecent act with a child. The complainant, AMM, testified that the appellant penetrated his anus on December 20, 2015.

Issues

1. Whether there was penetration of the complainant's anus by the appellant's penis
2. Whether the appellant's age was below 18 years at the time of the incident

Reasoning

The court held that the absence of medical evidence to support the fact of rape is not decisive, and the complainant's testimony was not corroborated by medical evidence.

Outcome

Appeal dismissed

Authorities cited