Stephen Ole Kinaiti v Republic [2022] KEHC 2637 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

CRIMINAL APPEAL NO 56 OF 2018

STEPHEN OLE KINAITI..............................................................................APPELLANT

VERSUS

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

(Appeal from original Conviction and Sentence in Nanyuki CM Criminal Case No 15 of 2017 – L Mutai, CM)

J U D G M E N T

1. The Appellant herein, STEPHEN OLE KINAITI, was convicted after trial of grievous harm contrary to section 234 of the Penal Code.  It was alleged that on 07/09/2016 at Seek area in Laikipia North Sub-County within Laikipia County, he unlawfully did grievous harm to one SELEMAI LEKALOIYA.  On 18/09/2019 he was sentenced to four (4) years imprisonment.

2. The Appellant appealed against both conviction and sentence; however, when he appeared before this court on 07/10/2021 to take a date for hearing of his appeal, he stated that his appeal was against sentence only.  On 01/11/2021 when his appeal came up for hearing, he reiterated that his appeal was against sentence only.

3. Nevertheless this court has read through the record of the trial court.  The Appellant was convicted upon good and sound evidence.  He suddenly and viciously attacked his neighbour with a panga without provocation, the only sin of the complainant being that he had driven his cattle along next to the Appellant’s compound.  The attack was so serious that the complainant was left for dead, having lost consciousness for many hours.  He suffered serious injuries to his head, chest, hands and shoulders which required admission in hospital for many days.  The Appellant’s conviction was entirely safe; the offence charged was proved beyond reasonable doubt.

4. As for the sentence, the offence of grievous harm can carry a maximum of imprisonment for life.  The Appellant got only four (4) years.  This was manifestly lenient given the circumstances of the offence and the injuries suffered by the complainant.  He should consider himself very lucky.  I have no reason at all to interfere with the sentence.

5. In the result, the Appellant’s appeal is without merit and is hereby dismissed in its entirety.  It is so ordered.

DATED AND SIGNED AT NANYUKI THIS 2ND DAY OF FEBRUARY 2022

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 3RD DAY OF FEBRUARY 2022