The Court of Appeal has released a man who had been sentenced to 20 years in prison for the offence of defilement.
A three-judge bench, led by Justice Mohammed Warsame, delivered the ruling that freed Ibrahim Kipngetich Kimutai.
During the trial, the complainant’s mother testified that the complainant did not sleep on the same bed as the appellant.
When the complainant later took the witness stand, her testimony differed from her earlier written statement.
As a result, the prosecution applied to have her declared a hostile witness. The trial court granted the request, and the prosecutor proceeded to cross-examine her. She maintained that the appellant was a friend of her mother.
The prosecution also presented testimony from a clinical officer, who stated there was medical evidence supporting penetration. However, the appellate court found the complainant’s evidence to be unreliable.
“The complainant’s evidence, in our view, is unreliable. It was the weakest kind of evidence and could not be supported by the testimony of the clinical officer,” the court ruled.
The judges concluded that the conviction was unsafe and could not stand.
“It follows that the conviction premised on the said evidence was totally unsafe. In our view, Omutelema rightly conceded this appeal,” the ruling read.
As a result, the court ordered that the appellant be released from prison forthwith, unless otherwise lawfully held.
