Rex v Shipure (Confirmation Case No. 105 of 1942) [1942] EACA 82 (1 January 1942)

BEFORE SIR JOSEPH SHERIDAN, C. J., AND BARTLEY, J.

# REX, Prosecutor

#### v.

# AKOYI S/O SHIPURE, Accused

# Confirmation Case No. 105 of 1942

Evidence—Defilement of girl under 16 years—Unsworn testimony of complainant -Corroboration.

Held (2-6-42),—That as the evidence of the complainant, a child of tender years, was neither sworn nor affirmed corroboration of her evidence implicating the accused was necessary before a conviction could be had.

Rex v. Solu wa Tutu (1934) 1 E. A. C. A. 183; Rex v. Ramazani bin Mawingu (1936) 3 E. A. C. A. 39; Rex v. Cherop A. Kinei and another (1936) 3 E. A. C. A. 124; and Rex v. Opet $s/o$ Erui (1936) 3 E. A. C. A. 122 cited as authorities.

Accused absent, unrepresented.

# Spurling, Crown Counsel, for the Crown.

ORDER.—The accused was convicted by the learned Resident Magistrate, Nairobi, Mr. Wright, of an attempt to have unlawful carnal knowledge of one Ester d/o Muhuana, a child stated by the medical evidence to be nearly eight years. As the complainant's name suggests she is a Christian and this has been confirmed by the Magistrate who states that she is a baptized Christian. He also stated that she was neither sworn nor affirmed presumably because she was a child of tender years. These being the facts it was necessary that there should have been corroboration of her evidence implicating the accused before a conviction could be had. Authorities on this point are Rex v. Solu wa Tutu (1934), 1 E. A. C. A. 183, Rex v. Ramazani (1936), 3 E. A. C. A. 39, Rex v. Cherop A. Kinei and another, 3 E. A. C. A. 124 and Rex v. Opet (1936) 3 E. A. C. A. 122. In the present case there is lacking the requisite corroboration and for that reason the conviction and sentence are quashed and the accused is directed to be released.