Republic v Godana (Criminal Case 332 of 2016) [2018] KEMC 104 (KLR) (6 December 2018) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 104
- Citation
- [2018] KEMC 104 (KLR)
- Decided
- 6 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal CasePostureAppeal from a convictionCoramE. R., S.
Holding
The court finds the complainant's evidence credible and corroborated, and the defendant's alibi is not credible. The defendant is found guilty of delement.
Facts
The defendant is accused of delement and indecent act with a child. The complainant, a 13-year-old girl, testified that the defendant penetrated her vagina and touched her vagina on two occasions.
Issues
- Whether the evidence of the complainant is sufficient to convict the defendant without corroboration
- Whether the defendant's alibi was credible and whether it was raised too late
Reasoning
The court finds the complainant's evidence consistent and corroborated by her parents. The defendant's alibi is not credible and was raised too late.
Outcome
Guilty of delement
Authorities cited
Legislation (2)
- Sexual Offences Act No. 3 of 2006
- Evidence Act
Cases cited (2)
- Ndungu Kimanyi vrs Republic
- Sibo Makovu Vrs Republic
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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