DAVID KARIUKI WACHIRA V. REPUBLIC

JUDGMENT OF THE COURT

This is a second and final appeal by David Kariuki Wachira, the appellant, who was convicted on 28^th October, 2003 by the Makadara Principal Magistrate, Mrs. R. N. Kimingi, for the offence of grievous harm contrary to section 234 of the Penal Code and sentenced to imprisonment for 25 years. He had originally been charged with the offence of attempted murder contrary to section 220 (a) of the Penal Code. However, after a full trial the learned Principal Magistrate came to the conclusion that the facts established before her proved the offence of grievous harm contrary to section 234 of the Penal Code and proceeded to substitute the same, and imposed the aforesaid sentence of 25 years imprisonment.

His first appeal to the superior court (Lesiit, J) was dismissed. However, in dismissing the same, the learned Judge came to the conclusion that the sentence of 25 years imprisonment imposed by the trial court was insufficient and enhanced the same to life imprisonment.

The…