Kennedy Chimwani Mulokoto v Republic [2013] eKLR
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL APPEAL NO. 51 OF 2011
KENNEDY CHIMWANI MULOKOTO:::::::::::::::::::::::::::::::::::::::::::::::::APPELLANT
VERSUS
REPUBLIC:::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT
JUDGEMENT
The appellant, KENNEDY CHIMWANA MULOKOTO, was convicted for the offence of defilement
contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act. The learned trial
magistrate then sentenced him to Life Imprisonment.
Mr. Okara, the learned advocate for the appellant, submitted that the prosecution failed to prove
the case beyond any reasonable doubt.
The Respondent noted that the complainant, who was 3 years old, did not testify. Instead, it is
her mother who gave evidence.
The mother of the complainant was not at the scene of crime, at the material time. She only
learnt about the incident much later.
PW2 is said to have seen someone running away. However, the respondent's contention was
that PW2 did not see the appellant.
PW2 is said to have been told about the incident, by a person whose identity was not disclosed.
Although the medical doctor testified that the complainant had been
defiled, the Appellant submitted that the doctor had no idea about the identity of the assailant.
Furthermore, all the tests which were conducted on the appellant were negative. That prompted
him to submit that there was no evidence which could connect him to the offence.
Finally, it was submitted that the trial court erred, by summarily dismissing the appellant's
defence, and also by not taking note of the mitigation.
Ms. Ruto, learned state counsel, submitted that the mother of the complainant was forced, by
law, to testify on behalf of her daughter. She stepped into the shoes of her daughter who was unable to
testify.
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