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Njeri v. Republic

(1979) JELR 94440 (CA)

Court of Appeal  •  Criminal Appeal 27 of 1977  •  15 May 1979  •  Kenya

Coram
Eric John Ewen Law, Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller

Judgement

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NAIROBI

( Coram: Madan, Law JJA and Miller Ag JA )

CRIMINAL APPEAL NO. 27 OF 1977

BETWEEN

NJERI.................................................................................APPELLANT

AND

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

JUDGMENT

The appellant was convicted of doing grievous harm to the complainant Teresiah, contrary to Section 234 of the Penal Code, by the Resident magistrate at Kiambu. She appealed to the High Court, but her appeal was dismissed.

The case against the appellant was that as the complainant was passing the house of the appellant at Gathanga Village on March 29, 1976, she saw a group of persons standing by the side of the road. It was 10 pm and presumably dark. The complainant deposed that she heard the appellant say “there she is passing, break her legs.” The complainant was then violently assaulted and lost consciousness. The next thing she knew was that she was at Kiambu Hospital, …

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