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Dorcas Jemutai Sang v. Republic

(2018) JELR 102662 (CA)

Court of Appeal  •  Criminal Appeal 11 of 2012  •  22 May 2018  •  Kenya

Philip Nyamu Waki, John Wycliffe Mwera, Agnes Kalekye Murgor



The appellant, Dorcas Jemutai Sang, was charged with the offence of causing actual bodily harm contrary to Section 215 of the Penal Code, in the Principal Magistrate’s Court at Kapsabet. The particulars of the charge were that on 13th October, 2007 at Ngoroin Village, Nandi North District, she assaulted Stella Kirwa thereby occasioning the said Stella actual bodily harm.

Evidence before the lower court was that on the material day at about 10.00 a.m. when Stella (PW1) was going to the shops, the appellant, with her two children attacked her injuring her on the mouth, chest, left hand and leg. She was treated at a local dispensary. A report made to a local police station, led to the appellant’s arrest and subsequent charge. Having considered all the evidence of the witnesses, including Naumi Chepleting (PW2), Sammy Kiplagat (PW3) who claimed that they were eyewitnesses, and Daniel Keittany (PW5), a clinical officer, the learned trial magistrate was satisfied that th…

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