JUDGMENT OF THE COURT
1. Lucy Wangithi Mugai (appellant) was charged with another with the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code before the Resident Magistrate's Court at Kangema. The particulars of the charge were that:
“On the 27th day of January, 2005 at Kiawambogo Village in Muranga District within Central Province, jointly and unlawfully assaulted Elizabeth Wanjiru Ndungu thereby occasioning her actual bodily harm.”
After trial, the appellant was found guilty and upon conviction, she was sentenced to a fine of Kshs.7,000/= or three months imprisonment. The Judgment of the trial court was delivered on 17th January, 2006.
2. Being dissatisfied with the conviction, the appellant appealed to the High Court at Nyeri vide Criminal Appeal No.5 of 2006. The learned Judge Makhandia J. (as he then was), carefully reviewed the evidence before the trial court and taking into account the principles that guide the first appellate Court as set out i…