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|Case Number:||Criminal Appeal 53 of 2011|
|Parties:||VICTOR ODHIAMBO v REPUBLIC|
|Date Delivered:||19 Dec 2011|
|Court:||High Court at Mombasa|
|Judge(s):||Maureen Akinyi Odero|
|Citation:||VICTOR ODHIAMBO v REPUBLIC  eKLR|
|Case History:||(From Original Conviction and Sentence in Criminal Case No. 3583 of 2010 of the Chief Magistrate’s Court at Mombasa: R. Kirui – P.M.)|
|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. 53 OF 2011
“Accused: that is true”
MR. ONSERIO for the State conceded the appeal on the basis that the facts as read out were ambiguous. MR. OBARA who acted for the Appellant argues that the facts were not read out to the Appellant in a language which he understood.
On the issue of the ambiguity of the facts I am not in agreement with the learned State Counsel. The Appellant was charged with the offence of Grievous Harm. The facts as read out stated “Then he also attacked and injured him”. This in my view is clear enough. Further proof of the type and nature of the injuries sustained can be found in the P3 form which was produced as an exhibit Pexb1. The Appellant pleaded to the correctness of these facts by stating:
The Appellant was certified by the prosecution to be a first offender. The complainant sustained serious injuries i.e. a fracture to mandible. Certainly a stiff sentence was called for. However given the circumstances the trial court ought to have considered an alternative sentence such as a fine. A custodial sentence was in my view uncalled for. Thus I do allow the appeal against sentence. I hereby set aside the two (2) year sentence imposed by the trial court and substitute the same with a fine of Kshs.20,000/- in default to serve two (2) years sentence.
Dated and Delivered in Mombasa this 19th day of December 2011.