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|Case Number:||crim app 214 of 02|
|Parties:||GEORGE KAGUORA NDUATI vs REPUBLIC|
|Date Delivered:||05 Nov 2003|
|Court:||High Court at Nakuru|
|Citation:||GEORGE KAGUORA NDUATI vs REPUBLIC eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
CRIMINAL APPEAL NO. 214 OF 2002
GEORGE KAGUORA NDUATI……………………………..APPELLANT
J U D G M E N T
The appellant had been charged for the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code.
The facts of the prosecution case as stated in the Charge Sheet are as follows:
“On 27 th May, 2002 at Modern Farm Lane in Nakuru District within Rift Valley Province, the appellant unlawfully assaulted Nancy Nyambura Nduati thereby occasioning her actual bodily harm.”
On 15th July, 2002, the appellant appeared before Mrs. Ndeda, Chief Magistrate, Nakuru and pleaded “guilty” to the charge. He was convicted and sentenced to 4 years imprisonment. The learned trial Magistrate considered the past record and mitigating factors.
The appellant has only appealed against sentence – terming the same to be excessive and indicating that he was a computer student. The state through Mr. Oriri Onyango – Provincial State Counsel has not opposed the appeal on sentence.
Considering the total circumstances, it is apparent that the sentence was excessive – though lawful. Apparently, the appellant is remorseful and has learnt his lesson after being in jail for over one year.
In view of the above, the Court in its discretion, hereby reduce the sentence to the period already served. The appeal succeeds to that extent. Accused should be released forthwith unless lawfully held.
Judgment written, read, signed and delivered in open Court.
5TH NOVEMBER, 2003