PERIS WAIRIMU GICHURU v REPUBLIC [2007] KEHC 920 (KLR)

Facts

The appellant was charged with causing grievous harm contrary to Section 234 of the Penal Code. The charge was read to the appellant, who responded 'It is not true'. The prosecution then read the facts of the offence, and the appellant responded 'It is true'. The appellant was convicted and sentenced to three years imprisonment.

Issues

1. The charge was defective as it omitted the word 'unlawful' in the particulars of offence.
2. The trial magistrate failed to state that all the ingredients of the offence had been explained to the accused in a language he understood.
3. The trial magistrate failed to record a guilty plea.
4. The sentence was excessive in all the circumstances of the case.

Reasoning

The charge was defective as it did not state that the grievous harm was unlawful. The trial magistrate failed to explain the ingredients of the offence to the appellant in a language he understood and failed to record a guilty plea. The sentence was excessive.

Outcome

Appeal allowed, conviction and sentence quashed

Authorities cited