A trial court must comply with sections of the Criminal Procedure Code, specify the offence, and cite the section of the law in the sentence. “In a defilement case, a trial court must record the questions a minor is asked, as well as their answers, prior to the admission of the evidence. SINGLE WITNESSJudge Rachael Ng’etich freed them after finding that the trial court relied on a single witness, and that there were discrepancies in the description of the stolen motor vehicle. The trial court erred in believing prosecution evidence on identification by recognition yet the appellants were not known to the complainant before,” said Justice Ng’etich. While faulting the trial court, the judge substituted the sentence with 10 years’ imprisonment for the offence of committing an indecent act.

Source: Daily Nation May 01, 2018 20:37 UTC