Fred Juma Simiyu v Republic [2018] KEHC 7732 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

CRIMINAL APPEAL NO. 33 OF 2017

(Being an appeal arising from conviction and sentence in Kitale Chief Magistrate's Court in Criminal case No. 2593 of 2014 delivered by  P. Biwott Senior Principal Magistrate on 1/9/15.

FRED JUMA SIMIYU......................APPELLANT

VERSUS

REPUBLIC......................................RESPONDENT

J U D G M E N T

1. The appellant was charged with the offence of grevious harm contrary to Section 234 of the Penal Code.  The particulars of the offence were that on the 22^nd day of February 2014 at Maili Nane Trading Centre within Trans Nzoia County  unlawfully did grevious harm to James Kariuki Wainaina.

2. The appellant was convicted and sentenced to 4 years imprisonment. He has filed this appeal challenging the same. However when the matter came up for trial  he filed some submissions in which he generally mitigated. He stated that he was remorseful and regretted the Offence and that he had already served 1/3 of the term. That he was unwell and his conditions was deteriorating.

3. For the above reasons I do not  intend to proceed as it were with the merits and the demerits of the appeal.

4. It appears that although he was granted bond of Kshs 50,000/- or cash bail of Kshs 30,000/- he was unable to raise. He has generally been in custody since July 2014.  The state submitted that the offence attracted life imprisonment.

5. My position is that the appellant must have learned his lessons.  I shall therefore dismiss the appeal entirely, which after perusing the evidence on record I would have done so anyway.  The evidence that was presented was cogent enough to have sustained a conviction, which it did.  The respondent in any event did not ask this court to enhance the sentence.

6.  The appeal is hereby dismissed. The appellant however is released forthwith unless lawfully held.

Delivered, signed and dated at Kitale  this 20^th day of March 2018.

 _______________

H.K. CHEMITEI

JUDGE

20/3/18

In the presence of:

M/s Kakoi for the Respondent

Appellant – present

Court Assistant – Silvia

Judgment read in open court.