Saturday, December 18, 2004
The Court of Appeal of Kenya has held that corroboration of female testimony is no longer required in rape cases. According to the three judge court in Mukungu v. Republic,
“We think that the time has now come to correct what we believe is a position which the courts have hitherto taken without a proper basis, if any basis existed for treating female witnesses differently in sexual cases such basis cannot properly be justified presently. The framers of the Constitution and Parliament have not seen the need to make provision to deal with the issue of corroboration in sexual offences. In the result, we have no hesitation in holding that decisions which hold that corroboration is essential in sexual offences before a conviction are no longer good law as they conflict with section 82 of the Constitution”.
More here. [Jack Chin]