JUDGMENT OF THE COURT
The appellant Douglas Ombachi Akora was charged with the offence of grievous harm contrary to Section 234 of the Penal Code. After a full trial, the Chief Magistrate’s Court at Kisii convicted and sentenced him to 30 years imprisonment. Aggrieved by the said conviction and sentence, he appealed to the superior court and on 28th July, 2008 the superior court affirmed both the conviction and sentence. The appellant has now come to this Court by way of a second appeal. The background facts were that the complainant Nyakundi Mose and another person were having a meal at Barcelona Hotel in Marani, Kisii Central District when the appellant entered the hotel and as he washed his hands and wringing them, water spilt into the complainant’s food.
When the complainant raised the matter of the spilt water with the appellant, he left the hotel briefly and as the complainant and the other person were leaving the hotel the appellant hurled a stone towards the complainant which i…