Court releases defilement convict sentenced to 20 years imprisonment

The Court of Appeal has overturned the 20-year prison sentence of a man convicted of defilement.

A panel of three judges, chaired by Justice Mohammed Warsame, issued the ruling that led to the release of Ibrahim Kipngetich Kimutai.

At the trial, the mother of the complainant testified that her child did not share a bed with the accused.

When the complainant later testified in court, her statements contradicted her prior written account. Consequently, the prosecution sought to have her declared a hostile witness, a request the trial court approved.

During cross-examination, she insisted that the appellant was merely a friend of her mother.

The prosecution also called a clinical officer who testified that medical evidence indicated penetration had occurred. Despite this, the appellate court deemed the complainant’s testimony unreliable.

The court stated, "In our assessment, the complainant’s evidence lacked credibility. It was the weakest form of proof and was not corroborated by the clinical officer’s testimony."

The judges, therefore, determined that the conviction was unsafe and could not be upheld.

"The conviction based on this evidence is fundamentally unsafe. We agree with Omutelema’s decision to concede this appeal," the court concluded.

Accordingly, the court ordered the immediate release of the appellant from custody unless there was another lawful basis to detain him.