JOSPHINE KAHONGA v REPUBLIC [2009] KEHC 2937 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CRIMINAL APPEAL 142 OF 2009

JOSPHINE KAHONGA………………………….APPELLANT

VERSUS

REPUBLIC……………………………………..RESPONDENT

JUDGMENT

Upon trial on a charge of assault causing actual bodily harm contrary to Section 251 of the Penal Code, the appellant, JOSEPHINE KAHONGA was convicted and sentenced to 18 months imprisonment.  She appealed against both the conviction and sentence but at the hearing she abandoned the appeal against conviction and pleaded for the reduction of the sentence on the ground that she has a school going child who is dependant on her, her husband having deserted her.  Mr. Njogu for the state left the matter to me.

I have considered the appeal against conviction.  The appellant brutally assaulted the complainant and as the trial magistrate noted she could have easily killed her.  However, considering that the appellant has now been deserted by the husband she was fighting over and her son who is in a day school is now left without anybody taking care of him, I reduce the sentence to such a term as will secure her immediate release.  The appellant shall therefore be set free forthwith otherwise lawfully held.

DATED and delivered at Nakuru this 15th day of June, 2009.

D. K. MARAGA

JUDGE.