DAVID MUTAI V. REPUBLIC

JUDGMENT OF THE COURT

[1] David Mutai the appellant herein was convicted by the Principle Magistrates Court at Eldoret on three counts of the offence of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offences Act. He was sentenced to serve 15 years imprisonment on each count and the sentences ordered to run concurrently.

[2] Being aggrieved by the Judgment of the trial court, the appellant appealed to the High Court, raising ten grounds. The grounds of appeal included: that the charge sheet was defective; that the charges against him were not proven beyond reasonable doubt; that the DNA test was dubious and failed to establish that the appellant had impregnated PN; that the evidence of the clinical officer was not clear; that the age of the minor was not sufficiently established; that the trial court was not impartial; that the defence of the appellant of an alibi was improperly disregarded and finally that the burden of proof was unfairly shifted to the app…