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…She was then referred to the witness statement that she recorded at the police station. She stated that she wrote the witness statement at the police station and signed it.…

…The recorded witness statement was hers but referred to another person who was not the Appellant. 9. PW2 was Kennedy Ouma Arum. He was the minor’s father. He left with his wife for a funeral on 12.7.2024.…

…Analysis & Determination i) Whether the Appellant’s fair-trial rights were violated by failure to supply witness statements 33.…

…The record shows that on 2nd November 2020 the Appellant informed the court that he had not been supplied with witness statements. The court directed that the statements be supplied.…

…After considering the Pre-Sentence Report, the mitigation by the Applicant and the victim’s witness statement, the trial court sentenced the Applicant to 5 years’ imprisonment. 6.…

…He was never supplied with the charge sheet and witness statement The sentence meted upon him was very harsh.…

…He went on to aver that he was never supplied with witness statement and the charge and was ambushed with charges he did not understand.…

…Whether the charge sheet was defective and whether the accused was served with witness statement.…

…The appellant also claims that he was not given witness statements and was therefore prejudiced.…

…He lamented that he, on several occasions, sought for the witness statements but to no avail. As a result, he argued that the conduct of the proceedings was done in ambush.…

…Turning to the other grounds of Appeal, I have perused the record and note that the court made an order for the appellant to be issued with the witness statement.…

…He lamented that he, on several occasions, sought for the witness statements but to no avail. As a result, he argued that the conduct of the proceedings was done in ambush.…

…Turning to the other grounds of Appeal, I have perused the record and note that the court made an order for the appellant to be issued with the witness statement.…

…that the victim’s (PW1) testimony could not be relied upon to convict the accused. e) That the learned trial Magistrate erred in law and fact by allowing Lucia Wambui Mwangi (PW2) to testify whereas she never recorded a witness…

…statement at the police station. f) That the learned trial Magistrate erred in law and fact by allowing police officers from Ng’arua Police Station to testify in court whereas the police station with jurisdiction of this…

…mistaken evidence of identification under unfavourable circumstances. b) The trial court erred in law and in fact in convicting the appellant of defiling the victim without weighing the circumstances in the prosecution's witness…

…statement under which the defilement came to be made pursuant to section 33 of the Sexual Offences Act No. 3 of 2006. c) The trial court erred in law and in fact in not making a finding that penetration by the appellant…

…The Appellant submitted that the prosecution failed to provide him with all relevant materials such as copies of the witnesses statements and documentary evidence.…

…In urging this ground, the Appellant submitted that the prosecution failed to provide him with all relevant materials such as copies of the witnesses statements and documentary evidence, hence violating his rights under Article…

…Pw6 took witness statements on 15/12/2021. The accused disappeared but was later arrested within Maliki Centre and charged with defilement. In his defence, the appellant testified that he was married and had children.…

…He also submitted that although he only understood Kiswahili, the witness statements were in English, a language that he could not understand.…

…He further told the court that he recorded a witness statement on the 29th December 2024 at Bondo police station.…

…That he accompanied the victim to Bondo Sub county Hospital for treatment and that the P3 form was filled and that he recorded witness statements and had the Appellant charged accordingly.…

…Yet, he was not served with a witness statement contrary to Section 50(c) of the Constitution of Kenya, 2010. 4. The state did not file any grounds of opposition or submissions. 5. This is a first appellate court.…

…The appellant has submitted that he was denied access to witness statement and evidence.…

…On 11-01-2022, the prosecution appeared with three witnesses and appellant stated that he was ready to proceed without complaining of lack of witnesses’ statements.…

…The trial court in both instances allowed the appellant’s request for adjournment, and subsequently made orders that the witness statements be supplied to the appellant.…

…He did not raise the issue of non- availability of witness statements at that stage, nor later during the trial. 8.…

…that were adduced at the lower court and relied on to convict the appellant. d) The said Nicholas Mwangi Macharia Principal Cartographer working with Survey of Kenya and Deputy Land Registrar Mucheke Zubeda Yusuf recorded witness…

…statement to the effect that they were not the authors of prosecution exhibits 3 (a) and (b) being letters relied on by the lower court in reaching a decision to convict the appellant at the lower court e) In the circumstances…

…that were adduced at the lower court and relied on to convict the appellant. d) The said Nicholas Mwangi Macharia Principal Cartographer working with Survey of Kenya and Deputy Land Registrar Mucheke Zubeda Yusuf recorded witness…

…statement to the effect that they were not the authors of prosecution exhibits 3 (a) and (b) being letters relied on by the lower court in reaching a decision to convict the appellant at the lower court e) In the circumstances…

…The appellant made a witness statement the following day and an inquiry statement the day after the following day In both these statements, he insisted that he was driving on Waruinge Street, whilst the Volkswagen was travelling…

…However, an accused person has an obligation to bring it to the attention of the Court that he has not been supplied with the witness statements (or any other prosecution documents) as ordered by the court.…

…At a minimum, this right includes the right to receive a copy of the charge sheet, witness’ statements and copies of any documents which will be relied on at the trial.” (Emphasis mine) 43.…