[2014] KEHC 4565 (KLR)
The court found that the conviction for grievous harm was supported by the evidence, including the medical report detailing severe injuries to the elderly complainant. The appellant's claim of self-defence was rejected due to lack of supporting evidence, such as a P3 form indicating he was assaulted. The sentence of...
Source-derived case information.
- Citation
- [2014] KEHC 4565 (KLR)
- Parties
- Appellant: Alexander Harry Ndingiria; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 187 of 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Grievous Harm, Sentencing, Self Defence, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander Harry Ndingiria
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for grievous harm was safe and supported by the evidence.
- 2 Whether the sentence of three years imprisonment was harsh or excessive.
- 3 Whether the appellant acted in self-defence.
Ratio Decidendi
The court found that the conviction for grievous harm was supported by the evidence, including the medical report detailing severe injuries to the elderly complainant. The appellant's claim of self-defence was rejected due to lack of supporting evidence, such as a P3 form indicating he was assaulted. The sentence of three years imprisonment was deemed lawful and not excessive, considering the maximum penalty for grievous harm is life imprisonment. The court concluded that there was no reason to interfere with the conviction or sentence, and the appeal was dismissed as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal is disallowed.
- The conviction and sentence of three years imprisonment are upheld.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 187 OF 2013
ALEXANDER HARRY NDINGIRIA…........….. APPELLANT
VERSUS
REPUBLIC ……….…........................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No.350 of 2013 of the Principal Magistrate's Court at Taveta – Hon. Ondieki - PM)
JUDGMENT
The Appellant herein was Convicted and Sentenced to three (3) years Imprisonment for the offence of grevious harm contrary to Section 234 of the Penal Code.
The particulars were that:-
“On the 27th day of June, 2013 at about 9:45 a.m. at Mbogoni Village Taita Taveta County he unlawfully did grievous harm to JOHN MUTIE MULWA”.
In Sentencing the Appellant the Court noted that he had acted like a beast against an elderly and frail man. A perusal of the P3 form shows the estimated age of the Complainant as seventy three (73) years. The Doctor noted that he had deep cut on the right and left parietal region of the head with profuse bleeding.
Tenderness on the left chest following a hit with a blunt object. Deep cut on the left elbow. Deep cut wound exposing the bone of the left elbow. Deep cut wound right palm left 4th finger involving the phalanx bone. The Doctor assessed the degree of injury as “maim”.
In the submissions before the Court Counsel for the appellant contended that the Accused was acting in self defence as he was also assaulted. There is no P3 form to the effect that he was assaulted.
The offence of grevious harm caries a maximum Sentence of life Imprisonment.
The appellant in this appeal was Sentenced to three (3) years Imprisonment. This Sentence cannot be said to be harsh and or excessive. The Conviction was safe. The Appellant is a grandson of the Complainants employer. The incident took place in broad day light.
There is no reason to interfere with both Conviction and Sentence. The appeal has no merit and its disallowed.
Judgment delivered dated and signed this 12th day of June, 2014.
…..................
M. MUYA
JUDGE
12TH JUNE, 2014
In the presence of:-
Counsel for the Appellant Owino
The Appellant
Court clerk