Monday, May 26, 2025 - The Court of Appeal has overturned a 20-year prison sentence handed to Ibrahim Kipngetich Kimutai, who had been convicted of defilement.
A three-judge bench led by Justice Mohammed Warsame
delivered the ruling, citing unreliable evidence during the original trial.
Key to the decision was the testimony of the complainant and
her mother.
The mother had testified that her daughter never slept on
the same bed as the accused.
When the complainant later took the stand, her oral
testimony contradicted her earlier written statement.
Consequently, the prosecution applied to have her declared a
hostile witness - a request the trial court granted.
Under cross-examination, she stated that Kimutai was simply
a friend of her mother.
Although a clinical officer testified that medical evidence
supported penetration, the appellate court ruled that this could not stand
without credible testimony from the complainant.
“The complainant’s evidence was unreliable. It was the
weakest kind and could not support a conviction,” the judges ruled.
The court concluded that the conviction should not have been
allowed to stand and ordered Kimutai’s immediate release, unless held for any
other lawful reason.
Go and Subscribe to our YouTube
Channel and get the best videos around the country, go HERE>>>
){kind=link}
0 Comments