The High Court has ordered a man serving 20 years imprisonment to be tried afresh.
Judge William Musyoka ruled that the initial trial was unfair and defective after the lower court admitted the unsworn testimony of a 15-year-old complainant in a defilement case.
Chief Magistrate Bildad Ochieng’ sentenced Brian Wetoto Onguya after he was found guilty of defiling the minor on diverse dates between July 23 and August 2, 2016 at Nambacha village in Navakholo.
Wetoto appealed the sentence, saying he was not furnished with the documents the prosecution relied on to prove their case.
He further accused the prosecution of failing to call key witnesses, including a woman found with the complainant. Her testimony, he said, would have hurt the State's case.
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In his judgment, Justice Musyoka said the complainant was not of such a tender age that required her to give unsworn evidence unless there was medical proof that she was mentally unfit.
