William Kiprotich Cheruiyot v Republic [2021] KEHC 6899 (KLR)

Facts

The appellant was charged with assault causing actual bodily harm and malicious damage to property. He was convicted and sentenced to one year in prison for each count.

Issues

1. Whether the prosecution proved their case beyond reasonable doubt.
2. Whether the appellant was a minor and whether he was accorded a fair hearing.
3. Whether the sentence imposed on the appellant is manifestly excessive in the circumstances.

Reasoning

The prosecution proved the case beyond reasonable doubt by showing that the appellant was identified as one of the attackers and perpetrators of the destruction of property. The assault causing actual bodily harm was also proven by the positive identification of the appellant as the person who assaulted the complainant.

Outcome

Affirmed

Authorities cited