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EZEKIEL KIPKOSGEI CHELIMO
V.
REPUBLIC

(2015) JELR 97858 (CA)

Court of Appeal 10 Dec 2015 Kenya
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- The appellant was convicted of defilement of a child under section 8(1) as read with section 8(2) of the Sexual Offences Act and sentenced to life imprisonment; the conviction was affirmed by the High Court and now challenged on second ap

Case Details

Suit Number:Criminal Appeal 12 of 2012
Judges:David Kenani Maraga Daniel Kiio Musinga Agnes Kalekye Murgor
Location:Eldoret
Other Citations:Ezekiel Kipkosgei Chelimo v. Republic [2015] eKLR

JUDGMENT OF THE COURT

The appellant was charged with the offence of defilement of a child aged about five contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. He was in the alternative charged with indecent assault contrary to section 11(1) of the same Act. He denied those charges but after trial he was convicted on the main charge of defilement and sentenced to life imprisonment. His appeal to the High Court was dismissed. He has come to this Court on a second appeal.

The main complaints from the appellant’s 11 grounds of appeal and his submissions before us were that his conviction was based on the uncorroborated evidence of the four years old complainant.The other witnesses who testified against him having not witnessed the alleged commission of the offence, their evidence was hearsay. The appellant also faulted the two courts below for dismissing his defence instead of finding that he could not have defiled the child hardly 10 to 30 metres away from where D…

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