The Court of Appeal has overturned the conviction of Ibrahim Kipngetich Kimutai, who had been serving a 20-year prison sentence for defilement, citing unreliable evidence during trial.
A three-judge bench led by Justice Mohammed Warsame delivered the ruling, concluding that the conviction was unsafe and could not be sustained based on the available testimony.
The court noted significant inconsistencies in the prosecution’s case, particularly the complainant’s testimony. While her mother had testified that the complainant never shared a bed with the accused, the complainant’s own oral testimony in court diverged from her earlier written statement.
Due to the contradictions, the prosecution applied to have the complainant declared a hostile witness—a request the trial court granted. Even under cross-examination, the complainant did not provide incriminating evidence, only stating that the accused was a friend of her mother.
Although a clinical officer testified that medical evidence suggested penetration, the appellate judges ruled that such testimony could not support a conviction in the absence of reliable witness evidence.
“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.
In a unanimous decision, the bench found that the conviction lacked a solid evidentiary foundation.
“It follows that the conviction premised on the said evidence was totally unsafe. In our view, Omutelema rightly conceded this appeal,” the judgment read.
The court ordered Kimutai’s immediate release from prison, unless otherwise lawfully held.
Written By Rodney Mbua
