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Charo Ngumbao Gugudu v. Republic

(2011) JELR 106826 (CA)

Court of Appeal  •  Criminal Appeal 358 of 2008  •  21 Jan 2011  •  Kenya

Johnson Evan Gicheru, Emmanuel Okello O'Kubasu, Philip Nyamu Waki



The appellant, CHARO NGUMBAO GUGUDU, was convicted and sentenced to life imprisonment together with 15 strokes of the cane by the learned Ag. Principal Magistrate (Mrs. J. M. Matu) on a charge of causing grievous harm contrary to Section 234 of the Penal Code. The particulars of the offence were as follows:

“Charo Numbao Gugudu: on the 25th day of June 1999 at Mabaoni village in Gunda location within Malindi District of the Coast Province, did grievous harm to Kenga Karisa Mangi”

The appellant’s trial commenced on 15th December, 1999 when the following prosecution witnesses testified: Ngumbao Kavitsa Tsofa (PW1), Habiba Bakari Saro (PW2), Ahmed Roba Manza (PW3), PC Leonard Kiplimo (PW4) and the complainant Kenga Karisa Mangi (PW5). The complainant’s evidence was brief and was supported by the evidence of Tsofa (PW1) and Saro (PW2) who witnessed the incident. In his evidence in chief, the complainant stated:

“My names are Kenga Karisa Mangi. I stay at Ganda. I am a fa…

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