Ashford Muriuki Nkonge v Republic [2021] KEHC 13420 (KLR)

Facts

The appellant was charged with defilement and indecent act with a child, both contrary to the Sexual Offences Act No. 3 of 2006. The prosecution alleged the appellant caused his penis to penetrate the vagina of a 12-year-old child with mental disability on July 1, 2017.

Issues

1. whether the trial court erred in law and fact by failing to note that the elements of defilement were not proved to the required standards
2. whether the trial court erred in law and fact by its failure to invoke the provisions of Section 151 of the CPC and Section 31 of the Sexual Offences Act in taking PW1's evidence
3. whether the trial court erred in law and fact by failing to note that the charge sheet was defective
4. whether the trial court erred in law and fact by failing to appreciate that remaining silent was a constitutional right and that the charges were fueled by an existing grudge

Reasoning

The court found the prosecution's case proved beyond reasonable doubt, and the evidence of the intermediary and medical testimony was sufficient to establish the defilement. The charge sheet was found to be defective, but this did not affect the conviction. The court also noted an error in the charge being amended and convicted under section 8(1) instead of section 7.

Outcome

Appeal dismissed, conviction upheld, sentence reduced

Authorities cited