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Musyimi Ndava v. Republic

(2019) JELR 98775 (CA)

Court of Appeal  •  Criminal Appeal 139 of 2015  •  24 May 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

1. By an amended charge sheet, the appellant, Musyimi Ndava, was charged with causing grievous bodily harm contrary to Section 234 of the Penal Code, Cap 63 of the Laws of Kenya. The particulars were that on 25th July 2012 at Migwani in Migwani District within Kitui County, he unlawfully caused grievous bodily harm to Elizabeth Mueni Mwangangi. He was tried and convicted by the magistrate’s court and sentenced to a term of 35 years’ imprisonment. His first appeal to the High Court was dismissed. Aggrieved, he has lodged the instant second appeal.

2. The prosecution case is founded on the direct evidence of the complainant, Elizabeth Mueni Mwangangi, (PW1) who testified as follows:

“On 25th July 2012 at around 9.00 pm I was in my house at Migwani all alone. The children were away in school. I heard a knock at the door. I pushed the curtain since the door is made of glass and I knew the person knocking. It was Musyimi Ndava, the accused. I opened for him and he enter…

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