REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL REVISION CASE NO. E228 OF 2021 PATRICK MWENDA................................APPLICANT VERSUS REPUBLIC.............................................RESPONDENT RULING 1. The accused was convicted for the offence of grievous harm contrary to Section 234 of the Penal Code and sentenced to imprisonment of 3 years on 26th November 2020. In support of his revision, the Probation Officer /Community Service Orders Officer, Tigania recommends placement on community service at Kiguchwa Dispensary. 2. The DPP has opposed the revision citing gravity of the offence and the serious injuries inflicted on the complainant by the accused. 3. The particulars of offence were that the accused “did grievous harm to Benard Kiriungi by chopping off his left hand near the wrist joint.” There was evidence by the Police medical examination form, the P3, that the complainant suffered “deep cut wound” on the head approximately 7cm and “amputated left hand at wrist joint” and “deep cut wound on the left foot about 10cm.” 4. I would agree that the injuries were grievous and the attack savage and the offender in fact, got a lenient sentence of 3 years imprisonment compared to a possible sentence of life imprisonment under section 234 of the Penal Code. ORDERS 5. Accordingly, for the reasons set out above, the revision of sentence is declined. Order accordingly. DATED AND DELIVERED THIS 25TH DAY OF NOVEMBER 2021. EDWARD M. MURIITHI JUDGE Appearances: Patrick Mwenda, the Applicant in person. Ms Nandwa, Prosecution Counsel for the Respondent.
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.