Jeremius s/o Boramwendo v. R., Crim. App. 260-D-67; 9/6/67; Saidi, J.

Jeremius s/o Boramwendo v. R., Crim. App. 260-D-67; 9/6/67; Saidi, J.

Accused was convicted of housebreaking and stealing solely on the basis of the testimony of an eight-year-old child who saw the theft. The trial magistrate was satisfied that the child understood the nature of an oath and was sufficiently intelligent to distinguish the truth a lie. Therefore, the child was sworn.

            Held: A conviction cannot be based on the uncorroborated testimony of a child of tender years. In the absence of any special circumstances, this proscription applies to any child who is less than fourteen years old. Citing Kibageny Arap Kolil v. R., (1959) E.A. 92. The conviction was quashed.