Kirimi v Republic (Criminal Appeal E170 of 2021) [2022] KEHC 12131 (KLR) (9 June 2022) (Judgment)
- Court
- High Court of Kenya
- Case number
- 12131
- Citation
- [2022] KEHC 12131 (KLR)
- Decided
- 9 June 2022
Summary at a glance
TypeCriminal AppealPostureAppeal from original conviction and sentenceCoramTW CHERERE
The appeal is dismissed. The trial magistrate's findings on the age of the complainant and the proof of penetration are upheld. The burden of proof was not shifted to the appellant.
Facts
The appellant was charged with delement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act No. 3 of 2006, and an alternative charge of committing an indecent act with a child contrary to section 11(1) of the same Act. The appellant was convicted and sentenced to 20 years' imprisonment.
Issues
- Age of the complainant
- Proof of penetration
- Burden of proof
Reasoning
The court finds the complainant's age to be between 13 and 14 years, and confirms the proof of penetration. The court upholds the trial magistrate's findings and dismisses the appeal.
Outcome
Appeal dismissed
Authorities cited
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