[2003] KEHC 388 (KLR)
The court found that there was sufficient evidence to support the conviction of the appellant for assault causing actual bodily harm contrary to Section 251 of the Penal Code. The sentence of 18 months imprisonment was deemed appropriate given the circumstances of the offence. The appeal was therefore dismissed in...
Source-derived case information.
- Citation
- [2003] KEHC 388 (KLR)
- Parties
- Appellant: Papies Nderitu Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 33 of 2002
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Assault, Actual Bodily Harm, Penal Code Section 251
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Papies Nderitu Kariuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the evidence adduced was sufficient to support the conviction for assault causing actual bodily harm.
- 2 Whether the sentence of 18 months imprisonment was appropriate in the circumstances.
Ratio Decidendi
The court found that there was sufficient evidence to support the conviction of the appellant for assault causing actual bodily harm contrary to Section 251 of the Penal Code. The sentence of 18 months imprisonment was deemed appropriate given the circumstances of the offence. The appeal was therefore dismissed in its entirety.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
4 paragraphs
IN THE HIGH COURT OF KENYA AT NYERI HIGH COURT CRIMINAL APPEAL NO. 33 OF 2002 (ORG. RM’S KRT CR C 332/01) PAPIES NDERITU KARIUKI ……………………… APPELLANT VERSUS REPUBLIC …………………………………………… RESPONDENT JUDGMENT
There was sufficient evidence to support the conviction of the Appellant who was charged with assault causing actual bodily harm contrary to Section 251 of the Penal Code.
The sentence of 18 months imprisonment was merited.
Accordingly, this appeal is hereby dismissed in its entirety. Dated this 24th day of October 2003. J.M. KHAMONI JUDGE