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FRANCIS AMOJONG EKAL
V.
REPUBLIC

(2007) JELR 97427 (CA)

Court of Appeal 21 Sep 2007 Kenya
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Case Details

Suit Number:Criminal Appeal 267 of 2005
Judges:Samuel Elikana Ondari Bosire John walter Onyango Otieno Erastus Mwaniki Githinji
Location:Eldoret
Other Citations:Francis Amojong Ekal v. Republic [2007] eKLR

JUDGMENT OF THE COURT

The appellant was convicted on his own plea of guilty by Senior Resident Magistrate, Lodwar for the offence of grievous harm contrary to section 234 of the Penal Code and sentenced to 10 years imprisonment.

On 22nd February, 2005 the appellant arrived home while drunk. He demanded food from his mother Christine Amuron, the complainant in the case. When the complainant informed him that there was no food, the appellant became angry, picked a stool and hit her on the upper left side of the head causing a deep cut wound. The complainant was treated at Lodwar District Hospital. The complainant sustained a swollen left eyelid and deep cut wound on the head which injuries were classified as maim.

The appellant appealed to the High Court at Kitale complaining about the manner the plea was taken and about the stiff sentence. At the hearing of the appeal, the appellant pursued only the appeal against the sentence. The appellant had one previous conviction for assault. The su…

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