Customer Support

JOHN KIKUVI
V.
REPUBLIC

(1992) JELR 104759 (CA)

Court of Appeal 30 Jul 1992 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 61 of 1992
Judges:Johnson Evan Gicheru, Joseph Raymond Otieno Masime, John Mwangi Gachuhi
Location:Mombasa
Other Citations:John Kikuvi v. Republic [1992] eKLR

JUDGMENT OF THE COURT

In this second appeal, John Kikuvi, the appellant, has, in a nut-shell, complained that the offence of his having had carnal knowledge of M M, the complainant, against the order of nature contrary to section 162(a) of the Penal Code for which he was convicted and sentenced to 71⁄2 years imprisonment together with 8 strokes of corporal punishment by the Resident Magistrate’s Court at Mombasa was not proved against him beyond reasonable doubt. He had denied having committed the offence.

The complainant was a boy aged about 6 years. When presented to the trial court by the prosecution to testify, the trial magistrate made the following note:

“Court: The child before court is aged 6 years. He cannot give sworn testimony.”

The magistrate then proceeded to receive the complainant’s unsworn evidence. That evidence in its totality was as follows:

“My name is M M. I saw him at Nyali. The accused came to our house. He comes, takes me and took me to a bush. In the bush he did ba…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.