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Ndaa v. Republic

(1984) JELR 105004 (CA)

Court of Appeal  •  Criminal Appeal No 146 of 1983  •  24 Jan 1984  •  Kenya

Zakayo Richard Chesoni, James Onyiego Nyarangi, Alan Robin Winston Hancox


Ndaa v. Republic

Court of Appeal, at Mombasa January 24, 1984

Hancox JA, Chesoni and Nyarangi Ag JJA

Criminal Appeal No 146 of 1983

Criminal law - assault causing actual bodily harm - ingredients of the offence - how plea of the offence taken - Penal Code s 251.

Plea - plea of guilty - pleading to offence of assault causing actual bodily harm - what amounts to plea of guilty to such offence - Penal Code s 251. Sentence - severity of sentence - offence of causing actual bodily harm - corporal punishment - 20 strokes of - whether sentence manifestly excessive.

The appellant had been charged with assault causing actual bodily harm and when the charge was read and explained to him, he answered:

“I have understood the charge. I did beat [the deceased]”.

The appellant was convicted on his own plea of guilty and sentenced to 2 years’ imprisonment and 20 strokes of corporal punishment. He appealed against conviction and sentence. Held:

1. The ingredients of the offence of assault causing actual bodily…

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