In a landmark decision, the Court of Appeal has overturned a 20-year prison sentence handed to Ibrahim Kipngetich Kimutai for defilement. A three-judge bench, led by Justice Mohammed Warsame, ruled that the conviction was unsafe due to inconsistencies in the evidence presented during the trial.
The case drew attention after the complainant’s mother testified that the accused did not share a bed with her daughter, a detail that contradicted earlier claims. When the complainant later testified, her oral statements diverged significantly from her initial written account.
Complainant Declared Hostile Witness
Following the discrepancies, the prosecution applied to have the complainant declared a hostile witness—a request granted by the trial court. Under cross-examination, the complainant stood by her assertion that the accused was merely a friend of her mother, further complicating the prosecution’s case.
Medical Evidence Deemed Insufficient
The prosecution also relied on testimony from a clinical officer who stated that medical evidence indicated penetration. However, the appellate court found this evidence insufficient to support the charges, emphasizing the lack of credibility in the complainant’s testimony.
“The complainant’s evidence, in our view, was unreliable and constituted the weakest form of evidence. It could not be corroborated by the clinical officer’s testimony,” the court noted in its ruling.
Court’s Verdict
The judges concluded that the inconsistencies in the complainant’s account rendered the conviction untenable. Justice Warsame highlighted that the trial court’s decision was unsafe and could not be upheld.
“It follows that the conviction premised on the said evidence was entirely unsafe. In our view, the appeal was rightly conceded,” the judgment read.
The court ordered Kimutai’s immediate release, barring any lawful detainment for other charges.
Implications for the Justice System
This decision raises critical questions about the burden of proof in sexual offense cases, highlighting the necessity for robust, consistent evidence to secure convictions. Legal experts and advocates for survivors of sexual violence continue to debate the balance between ensuring justice and protecting the rights of the accused.
