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BENSON MOENGA NYAGWECHA) V. REPUBLIC

(1983) JELR 105639 (CA)

Court of Appeal  •  crim app 99 of 83  •  12 Sep 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Harold Grant Platt, Alan Robin Winston Hancox

Judgement

JUDGMENT OF THE COURT

The two appellants, Benson Moenga Nyagwencha and Moses Oroko appeal from their conviction on the first count of causing grievous harm contrary to Section 294 of the Penal Code (Cap 63). On the second count they were convicted of unlawfully damaging property contrary to Section 339 (1) of the Penal Code. The appellants were sentenced to four years’ imprisonment together with ten strokes of corporal punishment and to a concurrent term of two years’ imprisonment on count two. But as a result of the first appeal, while the High Court confirmed the convictions and sentence imposed on the first count, it allowed the appeal of the appellant Benson against sentence on the second count reducing it to six months imprisonment together with ten strokes of corporal punishment and to a concurrent term of two years’ imprisonment on count two. But as a result of the appeal, while the High Court confirmed the convictions and sentenced imposed on the first count, it allowed the app…

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