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|Case Number:||Criminal Appeal 262 of 1987|
|Parties:||Muia v Republic|
|Date Delivered:||14 Dec 1987|
|Court:||High Court at Machakos|
|Judge(s):||Edward Nii Adjar Torgbor|
|Citation:||Muia v 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 262 OF 1987
The appellant was convicted for assault occasioning actual bodily harm and sentenced to imprisonment for 6 months and 2 strokes of the cane.
The complainant and appellant appeared to have reconciled prior to the trial but his fact may not have been disclosed to the trial magistrate for purposes of dealing with the case under section 176 and 294 of the Criminal Procedure code.
As the appellant pleaded guilty his conviction is upheld. As he had reconciled with the complainant prior to the trial that fact should initigate the sentence of the trial court, which sentence is therefore set aside. The appellant is discharged on condition that he commits no offence during the period of 12 months from to day.