judy.legal
Login Register

Kinuthia v. Republic

(2003) JELR 99807 (CA)

Court of Appeal  •  Criminal Appeal No 207 of 2002  •  24 Jan 2003  •  Kenya

Coram
Philip Kiptoo Tunoi, Effie Owuor, Moijo Matayia Ole Keiwua

Judgement

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…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login