Case Metadata |
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| Case Number: | crim app 392 of 02 |
|---|---|
| Parties: | DOMINIC ODHIAMBO OMWA vs REPUBLIC |
| Date Delivered: | 12 Aug 2003 |
| Case Class: | Criminal |
| Court: | High Court at Kisii |
| Case Action: | |
| Judge(s): | Isaac Charles Cheskaki Wambilyangah, Paul Kiptenai Kimisoy Arap Birech |
| Citation: | DOMINIC ODHIAMBO OMWA vs REPUBLIC[2003] eKLR |
| History Advocates: | Neither party represented |
| History County: | Baringo |
| Case Outcome: | Allowed |
| 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 |
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
The State Counsel says that the appellant’s mens rea to the offence charged against him was not proved. Accordingly we hold that all the ingredients of the offence were not proved as required by the law. So we quash conviction and set aside the sentence. But since the appellant was proved to have viciously attacked the complainant and inflicted injuries on him we convict him of the offence of assault causing bodily harm c/s 251 of the Penal Code and sentence him to 12 months imprisonment to be served from 11/12/2002.
Dated and delivered on the 12/8/2003.
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