https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/366

Republic v Marwa (Criminal Case E418 of 2026) [2026] KEMC 366 (KLR) (30 July 2026) (Judgment) Neutral citation: [2026] KEMC 366 (KLR) Republic of Kenya In the Kehancha Law Courts Criminal Case E418 of 2026 JP Nandi, SPM July 30, 2026 Between Republic Prosecution and Charles Marwa Accused Judgment 1.The accused person has been charged in count one with the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code. The particulars are that the accused on the 19th day of September 2025 at around 0930 hours at Kohero village, in Ntimaru Sub County within Migori County, unlawfully assaulted MWITA CHARLES by cutting him on the wrist thereby occasioning her actual bodily harm. The Prosecution Case 2.The prosecution called Four witnesses namely:1.Omahae Zachary James (clinical officer) (PW1)2.Mwita Charles Mwita alias Abiola (complainant) (PW2).3.Marwa Mwita (PW3)4.No. 88849 Pc Onsongo Douglas (PW4) 3.The prosecution case was that PW2 ON 19/9/2025 at 12;15 noon he was opening the gate while his family members namely Marwa Mwita and Julius Chacha Mwita were waiting for him so that they can open the road accused had closed using Kayaba at night. While pulling the Kayaba accused came while armed with a panga and a sword. He used the panga to slap him on the left hand. PW2 screamed and villagers came who took the accused to his home. The road was eventually opened and PW2 went to report the matter at Ntimaru Police Station. He then went to Ntimaru Sub County Hospital where he was treated and P3 Form was dully filled. PW3 said he witnessed the accused committing the offence as he saw accused using his panga to cut PW2 on the left hand near the elbow. 4.PW1 produced the treatment notes and P3 Form as exhibits 1 & 2 respectively. He said on examination the complainant had a swelling at the wrist joint on the left hand. A diagnosis of soft tissue injuries was made. The age of injuries was hours and was caused by a blunt object. The degree of injuries was classified as harm. PW4 investigated the case and charged the accused. The prosecution then closed its case. The Accused Defence Case 5.The accused DW1 Charles Marwa gave sworn defence and admitted committing the offence. He said he assaulted his brother because he has encroached on his land. 6.DW2 Sophia Nyanzu Mwita said that the accused and complainant have a land dispute. The accused then closed his defence case. The Law: 7.The offence of Assault Causing Actual Bodily Harm is created under Section 251 of the Penal Code as follows:“Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanor and is liable to imprisonment for five years”. Determination 8.The accused having admitted that he assaulted his brother the complainant herein means that the prosecution has been able to prove its case beyond any reasonable doubt. The medical evidence also confirms that the complainant sustained soft tissue injuries whose degree was classified as harm. 9.In conclusion I find that the prosecution has been able to prove its case beyond any reasonable doubt. The accused is found guilty as charged with the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code and, convict him pursuant to section 215 of the Criminal Procedure Code. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KEHANCHA ON THIS 30TH DAY OF JULY, 2026.J.P. NANDISENIOR PRINCIPAL MAGISTRATEIn the presence of:Mr. Kuntai………… Prosecution CounselMr. Mang’era/Enock………… Court AssistantAccused …………….. PresentInterpretation ……… English/KiswahiliAccused Language … Kiswahili