DAVID KIRIMI JULIUS V. FREDRICK MWENDA

JUDGMENT OF THE COURT

This is a second appeal. On 17^th March, 1994 the appellant, David Kirimi Julius (“Kirimi”) and the respondent, Fredrick Mwenda (“Mwenda”) were involved in a fight. Mwenda was hurt in the fight, and reported the matter to the Meru Police Station. Following that report, Kirimi was arrested and charged with the offence of assault contrary to Section 251 of the Penal Code in Meru Criminal Case No. 1287 of 1994. Half way through the trial, the prosecution withdrew the charge and Kirimi was discharged under Section 87 (a) of the Criminal Procedure Code. Two years thereafter Kirimi was re-arrested and charged with the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code in Meru Criminal Case No. 314 of 1996. After a full trial, the learned magistrate found that the prosecution had not proven the case beyond reasonable doubt, and acquitted him under Section 215 of the Criminal Procedure Code. The Magistrate observed, though, that the fac…