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 patrons when a dispute or quarrel ensured between him and the appellant whom he knew as “Patrick “ or “Patty” over a payment for the game. In the process, he was held and head-butted on the mouth by the appellant and as a result lost an upper incisor tooth. He reported to the police at Kondele Police Station and thereafter proceeded to the New Nyanza H…