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GILBERT MUKUNDI RUBARUA
V.
REPUBLIC

(2017) JELR 101825 (CA)

Court of Appeal 10 Oct 2017 Kenya
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Case Details

Suit Number:Criminal Appeal 47 of 2016
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage
Location:Nyeri
Other Citations:Gilbert Mukundi Rubarua v. Republic [2017] eKLR

JUDGMENT OF THE COURT

1. The appellant faced two counts of causing grievous harm to his wife and mother- in-law contrary to Section 234 of the Penal Code, on 10th August, 2010 at Makandune Village in Meru Central District in Meru County. He was tried before Nkubu Resident Magistrate (C. N. Ndubi) who convicted him on the two offences and sentenced him to concurrent terms of life imprisonment. He was dissatisfied with that decision and appealed to the High Court in Meru (Wendoh, J.) which dismissed the appeal and affirmed the sentence. He is now before us on the second and final appeal, challenging the conviction only, since the legality of the sentence is not in issue and the severity of it would, in any event, be a question of fact.

2. The facts were brief:

It all started on 6th August, 2010 when a dispute arose between the appellant and his wife, Norline Kirakito (PW1) on allegations of his attempted poisoning by her. The complaint was taken before Kiamuri Police Patrol Base for invest…

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