[2019] KEHC 10323 (KLR)
The appellate court found that the trial magistrate properly evaluated the evidence, including eyewitness testimony and medical documentation of the complainant's injuries. The appellant's defence was found unsustainable as he failed to provide a credible alibi or substantiate his claims of a boundary dispute. The...
Source-derived case information.
- Citation
- [2019] KEHC 10323 (KLR)
- Parties
- Appellant: Paul Mithika Minyori; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 70 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal on conviction dismissed; sentence varied.
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing Principles, Evaluation of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Mithika Minyori
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction of the appellant for assault causing actual bodily harm was supported by the evidence.
- 2 Whether the sentence imposed by the trial court was excessive in light of the injuries sustained by the complainant.
Ratio Decidendi
The appellate court found that the trial magistrate properly evaluated the evidence, including eyewitness testimony and medical documentation of the complainant's injuries. The appellant's defence was found unsustainable as he failed to provide a credible alibi or substantiate his claims of a boundary dispute. The conviction was upheld as being well-founded in law and evidence. However, considering the minimal nature of the injuries, the appellate court exercised its discretion to vary the sentence from 18 months imprisonment to a fine of Kshs. 10,000, or in default, 6 months imprisonment. Additionally, the court ordered restitution to the complainant in the sum of Kshs. 20,000 as...
Court Disposition
Appeal on conviction dismissed; sentence varied.
Orders
- Conviction upheld.
- Sentence varied to a fine of Kshs. 10,000 or in default, 6 months imprisonment.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL APPEAL NO.70 OF 2017
REPUBLIC...............................................................PROSECUTION
VS
PAUL MITHIKA MINYORI...........................................ACCUSED
JUDGEMENT
Paul Mithika Minyori preferred this appeal against the judgment in Tigania PMC CR.C. No. 1576 of 2014 which was delivered on 12th June 2017 convicting him of the offence of assault causing actual bodily harm contrary to section 251 of the penal code. The trial court sentenced the accused to 18 months imprisonment.
As is required of the 1st appellant court, I have reconsidered the grounds of appeal as against the evidence of the prosecution and the appellant in the lower court and do find that the trial magistrate effectively evaluated the evidence and relied on it to find appellant guilty. PW2 witnessed appellant assault the complainant who accused him of stealing his tomatoes Appellant complainant was treated and P3 form filled confirming the injuries sustained.
A part from merely denying having committed the offence appellant didn’t explain where he was on the material day he is alleged to have assaulted the complainant. He didn’t say which boundary dispute he had with complainant sister and he didn’t question complainant or the investigating officer concerning the alleged boundary dispute. I do find like the trial magistrate that the appellants claim in his defence is defeated by the evidence of the other prosecution witnesses and is not sustainable.
The conviction was well founded on laws and evidence and is upheld concerning whether sentence was excessive, the complainant bodily harm. The injury was slight swelling and tenderness of the posterior neck. The sentence was lawful and within provision of law but I will vary the sentence to a fine of Kshs. 10,000/= in default, 6 months imprisonment in consideration that injuries were minimal. However to make good the injuries suffered the complainant will be restituted under Section of penal code with Kshs 20,000/= as damages. The Kshs 20,000/= to be paid to the complainant out of the cash bail deposited by appellant in court.
HON. A.ONG’INJO
JUDGE
Judgment Delivered Dated and Signed in court on 31ST day of JANUARY 2019
In the presence:
C/A: Kinoti
Appellant: Mr Ojiambo Advocate Appellant.
State: Mrs Mwathi for state
Mr Ojiambo
We wish to be supplied with a copy of the judgement.
Order
Copy of judgment to be supplied upon payment of copying charges.
HON. A.ONG’INJO
JUDGE