Kinuthia v. Republic
Court of Appeal, at Mombasa January 24, 2003
Tunoi, Owuor and Keiwua JJ A
Criminal Appeal No 207 of 2002
Evidence – witness – evidence of a witness – where the court doubts the integrity of a witness – whether the court can accept evidence of that witness.
The appellant was convicted of the offence of defilement. The appellant challenged the conviction alleging, inter alia, that he had been framed as the one of the main witnesses in the case also had a similar criminal case and he had a marital relationship with the mother of the complainant child. During cross-examination by the appellant, the mother stated that there was no conspiracy between the witness and herself to frame the appellant.
Held:
1. In a criminal case, a witness should not create an impression in the mind of the court that he is not a straightforward person. If a witness raises suspicion about his trustworthiness or does or says something which indicates that he is a person of doubtful integrity, he wil…