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Joseph Mahende v. Republic

(2019) JELR 98280 (CA)

Court of Appeal  •  Criminal Appeal 65 of 2015  •  7 Oct 2019  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Hannah Magondi Okwengu

Judgement

JUDGEMENT OF THE COURT

The appeal arises from the judgment of the High Court of Kenya at Migori (D.S Majanja, J.) dated 21st November 2014.

The background to the appeal is that the appellant was charged with the offence of causing grievous harm contrary to Section 234 of the Penal Code (CAP 63) Laws of Kenya. The particulars of the offence were that on 28th August 2012 at Tarang’anya in Kuria West within Migori County, the appellant unlawfully inflicted grievous harm to Peter Marwa by fracturing his skull. The appellant denied the offence prompting a trial in which the prosecution tendered evidence through six (6) witnesses to prove the offence, while the appellant gave unsworn testimony and his wife also testified in support of his defence.

The brief facts of the prosecution case were that on 28th August 2012 at around 10 am, the complainant Peter Marwa, (PW1) was engaged in charcoal burning when the appellant, who is his uncle, attacked and hit him with a stick on the back and on the h…

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