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Republic v. Shande Ali & 2 others

(2006) JELR 96438 (CA)

Court of Appeal  •  Criminal Appeal 55 of 2004  •  4 Aug 2006  •  Kenya

Coram
Johnson Evan Gicheru, Samuel Elikana Ondari Bosire, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

:In this second appeal, the appellant’s single ground of appeal is that the first appellate judge erred in law in holding that the trial magistrate had no jurisdiction to hear the criminal case against the respondents.

The respondents had been arraigned before a court presided over by a Resident Magistrate at Moyale for the offence of doing grievous harm contrary to section 234 of the Penal Code. They were tried, convicted and each sentenced to 5 years imprisonment. They appealed to the High Court of Kenya sitting at Nyeri against conviction and sentence. In their respective supplementary petition of appeal, they each averred:

“THAT the learned trial magistrate erred in law by taking up and purporting to adjudicate upon the subject of the offence brought against the Appellant under section 234 (of the) Penal Code being an offence triable only by a subordinate Court of the First Class and the said Magistrate by designation then being a Resident Magistrate. (First Sch…

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