Lady justice Esther Maina stated that the prosecution had failed to call in a crucial witness for questioning during hearing of the case.
“It is my finding that Rose was a crucial witness. The complainant alleged to have gone to the appellantâ€™s house on several occasions with the said Rose, and also claimed that the said Rose was standing outside the appellantâ€™s house as he defiled her.”
In addition, Justice Maina noted that the prosecution had failed to conduct an identification parade, which would have helped the victim positively identify her defiler.
â€œThe failure to conduct an identification parade left gaps in the prosecutionâ€™s case which gives rise to some reasonable doubt whose benefit I must give to the appellant.”
She noted that evidence presented by the victim and her mother was full of contradictions and inconsistencies.
Jackson was charged with the defilement of the 12 year old on diverse dates between 13th June and 21st June 2016 at Tumaini area in Juja location.
Four witnesses had testified against him, though he maintained that he was innocent.
Trial magistrate Grace Omodho (SRM) found the appellant guilty on the main charge, convicted him and sentenced him to serve 20 years in jail.
He would, however, make an appeal saying that the charge sheet did not disclose an offence as it did not state the alleged act was unlawful.
He also indicated that the trial court misdirected itself by concluding that the complainant was telling the truth despite the fact that she told no one of the assault on 13th June 2016.
He added that he was not arrested until 24th June 2016, saying that it was at this time that the victim was taken to hospital.