[2003] KEHC 421 (KLR)
The court found that the evidence against the appellant was overwhelming. The assault occurred at 3:30 p.m. in daylight, and was witnessed by two prosecution witnesses (Pw2 and Pw3). The complainant's injuries were confirmed by medical evidence (Pw6). The appellant's argument regarding identification was dismissed...
Source-derived case information.
- Citation
- [2003] KEHC 421 (KLR)
- Parties
- Appellant: Abraham Ouma Ondiege; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- ? 245 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- BK Tanui
- Legal Topics
- Assault Causing Actual Bodily Harm, Criminal Appeals, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abraham Ouma Ondiege
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for assault causing actual bodily harm was supported by the evidence.
- 2 Whether the issue of identification was relevant to the conviction.
Ratio Decidendi
The court found that the evidence against the appellant was overwhelming. The assault occurred at 3:30 p.m. in daylight, and was witnessed by two prosecution witnesses (Pw2 and Pw3). The complainant's injuries were confirmed by medical evidence (Pw6). The appellant's argument regarding identification was dismissed as irrelevant to the circumstances. The court concluded that both the conviction and sentence were proper and dismissed the appeal as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
4 paragraphs
IN THE HIGH COURT OF KENYA
AT KISUMU
CRIMINAL APPEAL NO. 245 OF 2003 ABRAHAM OUMA ONDIEGE…………….APPELLANT VERSUS REPUBLIC…………………………….RESPONDENT JUDGMENT In this case Abraham Ouma Ondiege the appellant was charged before SRM Court Siaya with assault causing actual bodily harm contrary to section 251 of the Penal Code . He denied the charge and accordingly he was tried at the end he was found guilty. Upon his conviction he was sentenced to 4 years imprisonment. He has lodged an appeal against his conviction and the sentence.
In his petition of appeal the appellant has raised the issue of identification – but that did not arise in this case as the incident took place at 3. 30 p.m. during the day., The assault of the complainant was witnessed by Pw2 and Pw3 . PW6 confirmed the injuries sustained by Pw1 the complainant. The evidence against the appellant was overwhelming and the appeal is without merit. The same is dismissed. Dated and delivered this 21st November 2003. B.K. Tanui JUDGE