Justice Kavedza said the lower court failed to properly consider the accused’s defence about the complainant’s claimed age and appearance.
A 19-year-old who was facing 20 years in prison for defilement was freed after the High Court in Kibera found that the complainant presented herself as an adult who had completed high school and was studying in college.
P. M. was freed after his conviction and sentence of 20 years in prison were overturned by Justice Diana Kavedza,.
Justice Kavedza noted that the trial court failed to interrogate circumstances, adequately consider or record the complainant’s demeanour, maturity, physical appearance, and conduct in initiating the conversation, or the appellant’s own age of 19 and proximity to that of the complainant.
Both the girl and P.M. admitted before the court that they engaged in adult acts for the six days they stayed together.
