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(2014) JELR 104915 (CA)

Court of Appeal  •  Criminal Appeal 52 of 2013  •  3 Jun 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



Edward Muthengi, the appellant, was charged with the offence of assault causing grievous harm contrary to Section 234 of the Penal Code, Chapter 63, laws of Kenya in the Senior Resident Magistrate’s Court at Marimanti. The particulars of the charge were that on 3rd October, 2009 at around 1430 hours at Irunduni Village, Gikingo Location in Tharaka District within the then Eastern Province, the appellant willfully and unlawfully assaulted one Joshua Mbugi occasioning him actual grievous harm.

The appellant pleaded not guilty to the charge and the prosecution called a total of six witnesses. It was the prosecution’s case that on 3rd October, 2009 at around 1:00p.m PW1, Joshua Mbugi Gaichu (Joshua) and his wife PW2, Rhoda Karimi (Rhoda), were on their farm planting. The appellant went to the farm armed with a panga and cut Joshua on his right knee. Joshua fell down and the appellant continued to viciously cut him all over his body. Rhoda started screaming. At the mate…

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