Michera v Republic [2022] KEHC 11888 (KLR)

Michera v Republic (Criminal Appeal 118 of 2019) [2022] KEHC 11888 (KLR) (10 June 2022) (Ruling)

Neutral citation: [2022] KEHC 11888 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Appeal 118 of 2019

WM Musyoka, J

June 10, 2022

Between

Franco Muchika Michera

Appellant

and

Republic

Respondent

(Appeal from conviction and sentence by Hon. MI Shimenga, Resident Magistrate, in Butere PMCCRC No. 356 of 2018, of 14th October 2019)

Ruling

1. I note from the record that there is an affidavit on record by the complainant PW1, in which she expresses to have forgiven the appellant. The affidavit was sworn on 4th June 2020 and filed herein on even date.

2. Before I prepare my judgment on the appeal, I shall have the matter mentioned, in the presence of the complainant, Medrine Mayende, so that the issue can be disposed of.

3. The matter shall be mentioned together with Kakamega HCCCRA No. 37 of 2019, which is also an appeal by the appellant arising from a conviction with respect to assault on the complainant on a different date. I shall allocate a date for the said mention at the delivery of this ruling.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 10TH DAY OF JUNE 2022W MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Mr. Khayumbi, instructed by JI Khayumbi & Company, Advocates for the appellant.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.