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(1993) JELR 95288 (CA)

Court of Appeal  •  crim app 22 of 93  •  11 Jun 1993  •  Kenya

Philip Kiptoo Tunoi, Richard Otieno Kwach, John Mwangi Gachuhi



Samwel Adero Nyamburi (the appellant) was convicted on a charge of assault causing actual bodily harm contrary to section 251 of the Penal Code and fined KShs.10,000/=, and in default he was to serve 14 months' imprisonment. His appeal to the superior court was dismissed and he now brings this second appeal to this Court.

The facts as found by two lower courts are that on 2nd May, 1987, the appellant and the complainant were among patrons who were drinking at a bar in a Homa Bay township. A misunderstanding arose over a bottle of beer which the appellant had initially ordered for the complainant but subsequently refused to pay for. This bottle was retrieved by the barman and when the complainant sought an explanation, he was told by the appellant that the latter had not bought him a drink. The appellant then became aggressive, started shouting and threatening to beat up the complainant. He was restrained by other patrons and escorted out of the bar. The appellant r…

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