https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/259

Republic v Juma (Criminal Case E231 of 2025) [2026] KEMC 259 (KLR) (3 June 2026) (Judgment) Neutral citation: [2026] KEMC 259 (KLR) Republic of Kenya In the Port Victoria Law Courts Criminal Case E231 of 2025 AK Njeru, SRM June 3, 2026 Between Republic Prosecution and Gregory Juma Accused Judgment 1.The accused has been charged with the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code. Particulars of the offence are that on the 8th day of July 2025 at 1700hrs at Siginga area in Bunyala Sub County within Busia County, willfully and unlawfully assaulted Akumu Nancy, thereby occasioning her actual bodily harm. 2.Accused denied the charge, and the prosecution presented its evidence as follows: 3.PW1 Akumu Nancy stated that on the material day, she was selling mangoes after being sent away from school, when people came to ask to rent a house on her mother’s family property. She directed them to a vacant house, and the two people began repairing the house. The accused, who is her uncle, found them and stopped the repairs, demolishing the repaired parts. The accused was joined by his son, Protus Juma, with whom they began insulting her. The accused then approached her from behind, she fell, the accused held her by her neck and began strangling her, hit her with his fist on her face, she screamed for help, her in-law Anne Ouma came to her rescue, she managed to break free and ran off to her home, she later reported the matter t the police station and was treated at Port Victoria Hospital where treatment notes and P3 Form were filled. her mother had informed her that her late brother left the plot to her. She was not aware whether after the succession of her late grandfather, the houses became accused’s. She asked the workers to continue with the repairs despite him asking them to stop. The assault occurred at around 7.00pm. She produced the treatment book as Pex no. 1. 4.PW2 Anne Ouma testified that on the material day, her in-law, the complainant herein, was selling mangoes when people asked around to rent a house in a plot. The accused, whose uncle is the complainant, emerged and asked the complainant to stop the renovations and to demolish the part of the repairs carried out by the people intending to rent out a house on the plot. The accused claimed ownership of the properties. Complainant went and sat nearby. Accused approached her from behind, pushed her to the ground and began strangling her and hitting her with his fists on her face. Complainant screamed for help. She asked the accused to stop assaulting the complainant complainant managed to break free. 5.PW3 Abraham Kiptum Kosgei, a clinical officer working at Port Victoria hospital, stated to have examined the complainant on 9/7/2025, who reported being assaulted by someone well known to her. On examination, the complainant complained of pain on her frontal part of the head. On examination, she had a swelling on the frontal part of the head with tenderness on her neck on palpation. He made an impression of soft tissue injuries secondary to assault. The approximate age of the injuries was 20 hours. Degree of injury was classified as harm. He produced the P3 Form as Pex no. 2 6.PW4 230818 PC Alfonce Odhiambo, the investigating officer, stated that the complainant reported the matter at the police station on 9/7/2025, alleging that the accused had assaulted the complainant the previous night while at their plot in Siginga. He recorded the witness statements and issued the complainant with a P3 form which was filled out at Port Victoria Hospital and returned. He visited the scene on 11/7/25 and effected the arrest of the accused. No one else recorded their statements as they were all part of the same family. He could not establish the ownership of the plot the two argued about. He is not aware of an existing land case no. 94 of 2018. 7.At the close of the prosecution's case, the accused was found with a case to answer and placed on his defence. His evidence was as follows: 8.DW1 Gregory Juma stated on the material day at around 4.30pm, he heard noises on a plot that he had received upon conclusion of a succession case, and which houses were in a very bad state that were to be demolished. He headed to the plot and found people repairing one of the rooms, and they informed him they had instructions to do so from the complainant, who is his niece. Complainant informed him that her mother had authorized the repairs. He demolished the repairs and asked the complainant to fetch her mother. Complainant instead began hurling insults at him. He retreated to his home, but the complainant followed him, where she grabbed him by his shirt, provoking him to beat her. He pushed her away, complainant fell and hit herself against the stones nearby. Later, he was arrested and charged with the offence which he now denies committing. 9.DW2 Benard Bwire Juma stated to be the complainant and the accused’s neighbour. On the material day, he was at his home when he heard a commotion. He went on to see what was going on and found the complainant grabbing the accused by his shirt as the accused shouted to the complainant to leave him alone. The children nearby were throwing stones at the accused. He asked them to stop and leave the accused alone. The accused pushed the complainant to free himself, and the complainant fell to the ground. After a few minutes, the complainant's brother arrived and began assaulting the accused. He managed to et them off of him. 10.DW3 Nicholas Ombere Obira testified that on the material day, he was returning home when he saw the complainant holding the accused by his shirt in a mud house plot along his way. Complainant is the accused’s niece. Nancy kept provoking the accused to beat her, but the accused kept asking her to let him go. The accused pushed the complainant off him, causing the complainant to fall to the ground. Later, he visited Accused, who informed him what had transpired earlier. 11.The prosecution relied on the evidence on record, while the defence, in their submissions, stated that there was no intention of the accused to assault the complainant, but rather, the complainant urged the accused to beat her, hence provocation. He further submitted that the investigations were not conclusive, as no other witness was called upon to corroborate the testimony of the complainant. 12.I have carefully considered the evidence on record as well as the submissions and defence offered by the accused. The issue for determination is whether the prosecution proved the offence of assault causing actual bodily harm beyond reasonable doubt. see the case of Sawe v Republic (2003) eKLR. 13.Ingredients of the offence of assault were well espoused in the case of Ndaa v Republic [1984] KLR as follows:i.It was the appellant that assaulted the complainant andii.The assault occasioned actual bodily harm. 14.There is no dispute that an altercation occurred between the complainant and the accused on the material day. The accused himself admitted pushing the complainant. The complainant’s evidence was that the accused strangled her and hit her using fists. This account was corroborated by PW2, who witnessed the assault. Their evidence remained consistent and coherent. 15.Further corroboration was provided by the medical evidence tendered by PW3. The complainant sustained swelling on the head and tenderness on the neck. The neck tenderness particularly supports the complainant’s allegation that she was strangled. The injuries were classified as harm. 16.The defence version was that the complainant sustained injuries after falling on stones when the accused pushed her away. However, despite the defence of provocation, the defence did not satisfactorily explain the tenderness observed on the complainant’s neck. The evidence of PW1 and PW2 was more credible and consistent than that of the defence witnesses, who appeared intent on minimizing the accused’s conduct. 17.The court notes that the dispute arose from a family disagreement regarding ownership and use of the plot. Nevertheless, such disagreement did not justify the use of violence against the complainant. 18.I am satisfied that the prosecution proved beyond reasonable doubt that the accused unlawfully assaulted the complainant and thereby occasioned her actual bodily harm. 19.Accordingly, I find the accused guilty of the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code and convict him accordingly under section 215 of the Criminal Procedure Code. 20.It is so ordered DATED, SIGNED AND DELIVERED AT PORT VICTORIA THIS 3RD DAY OF JUNE 2026HON. ANNE NJERUSRM