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Joseph Kinoti v. Republic

(2004) JELR 100683 (CA)

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

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

Judgement

IN THE COURT OF APPEAL

AT NYERI

(CORAM: O’KUBASU, GITHINJI and WAKI JJ A)

CRIMINAL APPEAL NO. 54 OF 2004

BETWEEN

JOSEPH KINOTI ........................................................................... APPELLANT

AND

REPUBLIC ................................................................................ RESPONDENT

(Appeal from the Ruling of the High Court of Kenya at Nyeri (Khamoni J) dated 2nd February, 2004

in

HCCRA No 71 of 2002)

*****************************

JUDGMENT

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 t…

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