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Republic v Godana (Criminal Case 332 of 2016) [2018] KEMC 104 (KLR) (6 December 2018) (Judgment)

[2018] KEMC 104 (KLR) Magistrate's Courts
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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

  1. Whether the evidence of the complainant is sufficient to convict the defendant without corroboration
  2. 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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