HAWAGA JOSEPH ANUANGA ONDIASA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Hawaga Joseph Anuanga Ondiasa, was after trial convicted of assault causing actual bodily harm contrary to Section 251 of the Penal Code and was fined Shs.5,000/= and in default to serve 12 months imprisonment. His first appeal was dismissed by the High Court of Kenya at Mombasa, Waki, J. on 18th July, 2000. He has appealed to this Court and it follows that his appeal being a second appeal it can only be on a point of law in the express terms of Section 361 (1) (a) of the Criminal Procedure Code .

The appeal before us was ably argued by the appellant in person primarily on the ground that the judgment of the trial magistrate was brief, incomprehensible and was not prepared in the form decreed by Section 169 of the Criminal Procedure Code and was incurably defective and it amounted to a nullity. He therefore urged us to allow his appeal and quash the conviction. As for the judgment of the first appellate court, the appellant took a swipe at the learne…