JUDGMENT OF THE COURT
The two appellants in this appeal, Duncan Kamau Njenga and Grace Ng’endo Kamau, are husband and wife. They were both charged in the subordinate court at Githunguri with the offence of grievous harm contrary to section 234 of the Penal Code. The particulars of the charge were that on the 25th day of June, 2003 at Ngenia village in Kiambu district within Central Province, they jointly unlawfully did grievous harm to Stephen Waweru Njenga. The victim, Stephen Waweru Njenga was the eldest brother of the first appellant and thus was brother-in-law to the second appellant. They pleaded not guilty but after full hearing, they were both found guilty, convicted and sentenced to a jail term of seven years with hard labour. They filed Criminal Appeals No. 76 of 2004 and 75 of 2004 respectively in the superior court. The appeals were consolidated and were heard together by Kimaru, J. sitting as a single judge. The superior court dismissed both appeals as against conviction b…