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|Case Number:||Criminal Appeal 73 of 2011|
|Parties:||MENRAD MATAYO WASWA v REPUBLIC|
|Date Delivered:||06 Dec 2011|
|Court:||High Court at Bungoma|
|Judge(s):||Aggrey Otsyula Muchelule|
|Citation:||MENRAD MATAYO WASWA v REPUBLIC  eKLR|
|Case History:||(Being Appeal from the conviction and sentence by the Principal Magistrate E. C. Cherono at Webuye in Cr. Case No. 377 of 2011)|
|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|
IN THE HIGH COURT
CRIMINAL APPEAL NO.73 OF 2011
Regarding the conviction, the Appellant complained in the Petition of Appeal that the charge was not explained to him and that he was not conversant with the language in which plea was taken. During the prosecution of appeal, however, his complaint was that while waiting to enter the court for plea, the investigating officer and the complainant came to him and asked him to plea guilty saying that they had agreed with the court that if he does not plead guilty he would be jailed. He had otherwise not committed the offence. This is a complete departure from the grounds in the Petition. From what he stated during the appeal, the language of proceedings was not a hindrance. In any case, both during the appeal and during the plea the proceedings were being interpreted from English to Kiswahili language which he understood.
The injuries suffered were three cuts on the scalp. They measured between 6 cm and 8 cm. The attack was without reason and a dangerous weapon was used. Nonetheless, 20 years in jail was manifestly harsh and excessive. Secondly, the Appellant was a first offender who had pleaded guilty and that was not considered. (Shiani v Republic  EA 557). The court noted that the complainant had suffered permanent injuries, but that was not reflected by the medical report that was produced. It was not considered that it is in exceptional circumstances that the court will send to jail an accused who is in permanent relationship with the complainant. (Juma v Republic  EA 437).
Dated and Delivered at Bungoma this 6th day of December, 2011 in the presence of the Appellant, the State Counsel Mrs. Leting and Lilian Gimose the court clerk.