Daniel Ekuru v Republic [2018] KEHC 799 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KABARNET

CRIMINAL APPEAL NO. 188 OF 2017

DANIEL EKURU.............................................................APPELLANT

VERSUS

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

[An appeal from the original conviction and sentenceincriminal

case no. 361 of 2016in the Principal Magistrate’s Court at Kabarnet

deliveredon the 27th day of February, 2017by Hon. S.O. Temu (PM]

JUDGMENT

The Court has noted that the accused has been in custody for 1 year 9 months of the 5 year sentence. The Court has also heard the two complainants on the counts the subject of the appeal and their desire to reconcile with the appellant. The Court promotes Alternative Dispute Resolution mechanism of Article 159 of the Constitution and in this case, pursuant to section 354 of Criminal Procedure Code, while affirming the conviction for the offences of grievous harm contrary to section 234 of Penal Code and assault causing actual bodily harm contrary to section 251 of Penal Code, reduce the sentences to period already served so that appellant is released from custody forthwith unless he is otherwise lawfully held.

Order accordingly.

DATED AND DELIVERED THIS 4TH DAY OF DECEMBER, 2018

EDWARD M. MURIITHI

JUDGE

Appearances:

Appellant in person.

Ms. Macharia, Assistant DPP for the Respondent.