JUDGMENT
Judgment of Shah and O’Kubasu JJ A was delivered under rule 32(2) of the Court of Appeal Rules.
This is second appeal against the conviction recorded and sentence passed by the senior resident magistrate S O Omwega Esq at Busia. The appellant was charged with the offence of causing grievous harm contrary to section 234 of the Penal Code. He was alleged to have unlawfully caused grievous harm to one Joanes Juma Okello on 13th day of February, 2000 at Bumutiru village, Central Marachi location in Busia District of Western Province of Kenya. He was, on 24th October, 2001, convicted of the offence and fined Shs 20,000/= in default of which payment he was to serve a term of two year imprisonment. We are told he paid the fine.
The appellant’s appeal, against both the conviction and sentence, was summarily rejected by the Superior Court (Ringera J) on 10th May, 2002.
Such rejection was under section 352(2) of the Criminal Procedure Code.
This appeal is against the said rejection. There i…