JAMES KABERIA V. REPUBLIC

JUDGMENT OF THE COURT

James Kaberia, the appellant herein, was tried before the Senior Resident Magistrate at Maua on a charge of attempted murder contrary to section 220 (a) of the Penal Code and the particulars contained in that charge were that on 2^nd April, 2000 at about 5 p.m. at Gitura village in Meru North District of Eastern Province, the appellant unlawfully attempted to cause the death of John Muirungi Mugwika by chopping off his left hand palm and panga cuts on the head. There was an alternative charge of causing grievous bodily harm contrary to section 34 of the Penal Code, but after the trial, the appellant was convicted on the main charge and the learned trial magistrate correctly made no findings on the alternative charge. Upon his conviction on the main count, the magistrate sentenced the appellant to life imprisonment.

The appellant appealed to the High Court against the conviction and sentence but by its judgment dated and delivered on 21^st April, 2005, the High Court …