JUDGEMENT OF THE COURT
This is a second appeal and by dint of Section 361 (1) (a) of the Criminal Procedure Code we can only entertain matters of law for we should not interfere with decision of the trial or first appellate court on matters of fact unless it is apparent that on the evidence no reasonable tribunal could have reached such a decision.
The appellant Francis Nyanchama Nyaribo was charged before the Senior Resident Magistrates Court at Nyamira with the offence of Grievous Harm contrary to Section 234 of the Penal Code.
Particulars of the charge were that on the 5th day of June, 2005 at Nyangoge sub – location in Nyamira District within Nyanza Province the appellant unlawfully did grievous harm to Nyangau Nyaribo. The prosecution case was through five (5) witnesses. The trial magistrate
(L. Komingoi, SRM) put the appellant on his defence. The appellant gave an unsworn statement but was convicted and sentenced to serve twenty (20) years imprisonment.
The appellant appealed to the …