Alexander Mutuku Nzomo v Republic [2021] KEHC 3349 (KLR)

Facts

The appellant was charged with two counts of sexual assault against two children aged 4 and 5. The children reported the incident to their mother, who then reported it to the police.

Issues

1. Whether the appellant is a first offender and too young to be behind bars.
2. Whether the appellant was framed by the complainant's mother.
3. Whether the children were too young to understand what they narrated to court.
4. Whether the doctor did not give a report on spermatozoa in the complainants' mouths.
5. Whether the appellant's sentence should be reduced.

Reasoning

The court finds the prosecution's evidence sufficient to prove the appellant's guilt beyond reasonable doubt. The children's testimonies were credible, and the appellant's defense was evasive. The court upholds the sentence as necessary to protect the young and vulnerable.

Outcome

Appeal dismissed

Authorities cited