The Court of Appeal has overturned the conviction of Brahim Kipngetich Mutai, who had been serving a 20-year prison sentence for defilement.
According to the judgment, Mutai was released because of unreliable witness testimony and a lack of corroborative evidence.
In the judgment delivered on May 23, 2025, the appellate judges explained their decision to release Mutai, which was initially made on February 25, 2025, after the State conceded the appeal.
Mutai had been convicted in 2017 by the Sotik Principal Magistrate’s Court, and his appeal to the High Court in Bomet was dismissed the following year.
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Court Gives Reason for Freeing Mutai
According to the Court of Appeal, the key prosecution witness, the alleged victim, gave inconsistent statements during the trial.
Consequently, her statements cast doubt on the credibility of her testimony.
At one point, she described Mutai as her mother’s friend and contradicted earlier statements made to the police.
“The complainant’s evidence is, in our view, unreliable. It was the weakest kind of evidence and it could not be cured by the testimony of the Clinical Officer,” the court noted in its judgment.
During the initial trial, the complainant was declared a hostile witness after her testimony shifted significantly from her original statement.
Despite this, the prosecution proceeded, relying heavily on medical evidence presented by a Clinical Officer indicating penetration had occurred.
However, the Court of Appeal ruled that under Section 124 of the Evidence Act, such medical evidence alone is insufficient to support a conviction for a sexual offence if the victim’s testimony is not deemed truthful or credible.
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Final Judgement on Rape Case
On the other hand, the judges noted that the evidence of a hostile witness must be evaluated with caution and cannot be the sole basis for a conviction unless it is strongly corroborated.
Also, the State, represented by Mr. Omutelema, did not oppose Mutai’s appeal and agreed that the conviction could not stand on the strength of the evidence presented.
“For the foregoing reasons, we ordered that the appellant be released from prison forthwith unless otherwise lawfully held,” the judges concluded.
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