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(2020) JELR 105616 (CA)

Court of Appeal  •  Criminal Appeal 54 of 2015  •  31 Jan 2020  •  Kenya

Erastus Mwaniki Githinji, Jamila Mohammed, Sankale ole Kantai



[1] This is an appeal against the sentence of ten years imprisonment imposed against the appellant by the trial court and upheld by the first appellate court for the offence of grievous harm.

[2] The appellant was charged in the Principal Magistrate’s Court at Ndhiwa with two counts namely; count 1- grievous harm contrary to section 234 of the Penal Code and count II - resisting arrest contrary to section 253 (b) of the Penal Code. The charge in the first count stated that on 7th May, 2013, the appellant unlawfully caused grievous harm to Margaret Muga Okomo. The appellant pleaded not guilty to the two charges. The prosecution called six witnesses at the trial. The appellant gave sworn evidence and called two witnesses. The prosecution evidence disclosed that on 7th May, 2013 at about 9.30 p.m. the appellant went to the complainant’s house armed with two spears and stabbed the complainant with a spear on the chest and ran away. The complainant who is an aunt of the…

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