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PATRICK KEMONI KEMBOI v. REPUBLIC

(2010) JELR 96555 (CA)

Court of Appeal  •  Civil Appeal 129 of 2009  •  17 May 2010  •  Kenya

Coram
Joseph Raphael Karanja

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA AT KISUMU Criminal Appeal 129 of 2009

PATRICK KEMONI KEMBOI................................. APPELLANT

VERSUS

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

[From original conviction and sentence in Criminal Case number 1303 of 2008 of the Senior Resident Magistrate’s Court at Winam)

JUDGMENT

This appeal arises from the decision and judgment of the Resident Magistrate at Winam in Criminal Case number 1303 of 2008 in which the appellant Peter Kemoni Kemboi was convicted and sentenced to two (2) years imprisonment for the offence of grievous harm contrary to Section 234 of the Penal Code.

The particulars of the charge were that on the 12th September 2008 at Brilliant Bar Kisumu, unlawfully did grievous harm to Sammy Rioba Wambura.

The prosecution evidence on record showed that on the material date at about 11:00 p.m. the complainant Sammy Rioba Wambura (PW1) was at a bar called Brilliant playing a game of pool with other…

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