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(2004) JELR 100683 (CA)

Court of Appeal  •  Criminal Appeal 54 of 2004  •  5 Nov 2004  •  Kenya

Emmanuel Okello O'Kubasu, Philip Nyamu Waki, Erastus Mwaniki Githinji



Joseph Kinoti, a police officer under interdiction, was charged and tried before Nyeri Senior Resident Magistrate’s Court for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code. It was alleged that he unlawfully assaulted three different persons and occasioned them bodily harm on 7th October, 2000 at his bar in Naro Moru town. He had also been charged with one count of unlawful confinement contrary to section 259 of the Penal Code, the allegation being that he unlawfully confined two of the persons he supposedly assaulted, at Naro Moru Police Station.

The trial court acquitted him of the charge of unlawful confinement and one on assault, but convicted him on two counts of assault and sentenced him to a fine of Shs 5,000/= on each count, in default 90 days imprisonment.

Kinoti was not satisfied with the decision of the Senior Resident Magistrate although he paid the fine. So, on 18th February, 2002, he filed a Petition of Appeal in the sup…

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