JUDGMENT
The appellant was convicted of doing grievous harm to the complainant Teresiah, contrary to Section 234 of the Penal Code, by the Resident magistrate at Kiambu. She appealed to the High Court, but her appeal was dismissed.
The case against the appellant was that as the complainant was passing the house of the appellant at Gathanga Village on March 29, 1976, she saw a group of persons standing by the side of the road. It was 10 pm and presumably dark. The complainant deposed that she heard the appellant say “there she is passing, break her legs.” The complainant was then violently assaulted and lost consciousness. The next thing she knew was that she was at Kiambu Hospital, where she remained as an in-patient for over six weeks, suffering from a compound fracture of the skull and of the left tibia and fibula. When seen by a policeman a few days after being admitted to hospital, she named the appellant as the assailant.
The case against the appellant was not a strong one. The lear…