She had pus vaginal discharge which was creamish in nature. There was a bruise on the labias but the hymen was intact. There was mucus stained substance on the pant and around her private parts. The complainant was examined at Kimilili Sub-county hospital by Catherine Akiru (Pw 3) who was the clinical officer. Pw 1 thereafter told her aunt namely CWW (Pw 2) who then took her to hospital. After this was done, he told her to go back to school.įurthermore, she testified that the appellant repeated the same sexual intercourse in another morning. He then lifted her dress and inserted his penis into her vagina. She went there and the appellant told her to lie on a table that he uses for marking books. She further testified that the appellant called her to his office. Her evidence was that the appellant was her Kiswahili language teacher at H Academy. initials of her name) testified on oath after undergoing a voire dire examination. Counsel also cited Miller v Minister of Pensions (1947) 2 All ER 372, in which Lord Denning defined what is meant by the phrase ‘proof beyond reasonable doubt’ in stating in part that the said proof need not reach certainty.Ĭounsel submitted that the trial court casually believed the evidence of the complainant by invoking the provisions of section 124 of the Evidence Act (Cap 80) Laws of Kenya. Based on Joo v Republic (2015) e-KLR, counsel submitted that the prosecution failed to prove their case beyond reasonable doubt. In a coalesced form in relation to those grounds, counsel for the appellant (Messrs Robert Wamalwa), has faulted the trial court for convicting the appellant when the offence was not proved beyond reasonable doubt. I will consider grounds 2, 4 and 6 together. In this court the appellant has raised seven grounds of appeal in his petition of appeal. The appellant has appealed against his conviction and sentence of life imprisonment in respect of the offences of defilement contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act No. Adhiambo, PM, dated 3rd February, 2021 in the SPM’sĬourt at Kimilili, in Sexual Offence Criminal Case No.56 of 2019, Republic vs Joseph Wafula) (Being an appeal from the judgement and sentence of Hon.
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