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JACOB OPIYO v. REPUBLIC

(1998) JELR 98313 (CA)

Court of Appeal  •  Civil Appli 60 of 1997  •  25 Mar 1998  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Zakayo Richard Chesoni

Judgement

JUDGMENT OF THE COURT

Jacob Opiyo, hereinafter called the appellant, appeals for the second time to this Court after his first appeal to the superior court was dismissed. The appellant was tried and convicted on a charge of assault causing actual bodily harm contrary to section 251 of the Penal Code. The particulars of that charge were that on the 8th day of April, 1995 at Kolowa village in Kisumu District he had unlawfully assaulted one Elly Odanga and thereby occasioned the latter actual bodily harm. Upon his conviction the District Magistrate sentenced the appellant to pay a fine of shs.3,500/= which he paid.

This being a second appeal, the Court is only concerned with issues of law. The one issue of law which Mr. Onsongo for the appellant argued before us was put in this way.

The complainant was allegedly assaulted by the appellant on the 8th April, 1995. He was medically examined by Dr. Joseph Imbuye on the 13th April, 1995. According to the doctor when he examined the complainant, …

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