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Ndirangu v. Republic

(2005) JELR 98499 (CA)

Court of Appeal  •  crim app 72 of 87  •  10 Nov 2005  •  Kenya

Coram
Johnson Evan Gicheru, Richard Otieno Kwach, Joseph Raymond Otieno Masime

Judgement

REPUBLIC OF KENYAA

Ndirangu v. Republic

Court of Appeal, at Nairobi ......... 1990

Masime, Gicheru and Kwach JJA

Criminal Appeal No 72 of 1987

On ......1990, Masime, Gicheru and Kwach JJA delivered the following Judgment.

In this second appeal, the points of law arising therefrom are whether the appellant’s convictions on the two counts of assault causing actual bodily harm contrary to section 251 of the Penal Code were sustainable in the absence of medical evidence; and whether his being armed with a simi and an iron bar at about 2.00 am on 6th August, 1985 was with intent to commit a felony contrary to section 308 (1) of the Penal Code, an offence for which he was also convicted.

The appellant was alleged to have assaulted Francis Muli (PW 1) and Hapi Jilo (PW 2) in the course of a struggle with them in the house compound of the Manager of Kigwe Estate at 2.00 am on 6th August, 1985. This compound was fenced. He was armed with a simi and an iron bar whose one end was pointed. He too compl…

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