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(2000) JELR 93796 (CA)

Court of Appeal  •  crim app 5 of 00  •  23 Mar 2000  •  Kenya

Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha



The appellant, an engineer, was charged, tried and convicted of the offence of unlawfully doing grievous harm to one John Waitara Njoroge, contrary to section 234 of the Penal Code and was thereafter sentenced to pay a fine of Kshs. 20,000/= by the Chief Magistrate, at Kisumu. His first appeal was, on 17th September, 1999, dismissed by P.K.K.A. Birech, a Commissioner of Assize, and this being his second appeal we are only concerned with points of law. There is basically only one point of law raised, namely identification.

The complainant, John Waitara Njoroge, a building contractor who is a resident of Nyamasaria within Kisumu town, was, on the night of 2nd March, 1996, at about 9 p.m. attacked near his residence by a person whom he said he recognized as the appellant and the person thereupon hit him on the right rear side of his head near the ear as a result of which he fell down. He sustained a serious cut wound which Tarok Singh, a police surgeon, later classifi…

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