https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/230

Republic v Origi (Criminal Case E420 of 2024) [2026] KEMC 230 (KLR) (10 June 2026) (Judgment) Neutral citation: [2026] KEMC 230 (KLR) Republic of Kenya In the Port Victoria Law Courts Criminal Case E420 of 2024 AK Njeru, SRM June 10, 2026 Between Republic Prosecutor and Rebecca Origi Accused Judgment 1.Accused has been charged with the offence of offensive conduct contrary to section 94(1) of the Penal Code. Particulars are that on the 9th day of November 2024 at about 1100hrs at Makunda area in Bunyala Sub County within Busia County, accused used insulting words by calling Christine Nafula Bedaa “ wewe mchawi uliroga baba mkwe na mama mkwe yako kakakufa, tena uliroga mtoto wangu akawacha shule na wewe ni Malaya” with intent to provoke a breach of peace to the said Christine Nafula Beda. 2.The accused denied the charge, setting the trial in motion. Prosecution’s Case 3.PW1 Christine Nafula Beda narrated to the court how on the material day she met the accused, who is her co-wife, while she was fetching water at the river, and the accused took to hurling insults at her, alleging that she had a hand in killing her own parents-in-law to get rich. She went away without responding to the insults but was accused by them once more in the presence of their mother-in-law and continued insulting her. She later reported the matter to the police. 4.PW2 Teter Ougo alias Ismael Ougo stated how on the material date he was cutting grass at a neighbor’s place when he heard the accused and complainant engaged in a heated exchange at their mother-in-law’s compound. The accused was alleging that the complainant killed her parents-in-law and bewitched her daughter, who stopped studying. The accused even went ahead to try to attack the complainant, but Rosemary stopped her. 5.PW3 Mary Taka stated that on the material day, she heard the accused and complainant exchanging insults. The accused the complainant of killing her parents-in-law and bewitching people, including her daughter, who stopped going to school. He intervened and managed to calm them down. 6.PW4 83173 PC Solomon Wasilwa, the investigating officer, stated to have received the complaint and report from the complainant over this matter. Complainant replied that the accused had angered her. Efforts to have the two reconcile did not bear any fruit. 7.The accused was found with a case to answer and placed on her defence. Her evidence was as follows: 8.DW1 Rebecca Origi stated that on the material day, the complainant accused her of backbiting her, claiming that she pretends to be unwell. She asked the complainant to justify such allegations. That one Irene was present, but the complainant failed to confirm the said allegations in the presence of Irene, who she alleged had heard the same. The complainant later followed her at her home and began hurling insults at her, saying that she had been abandoned by her husband and would suffer. Complainant also accused her of practicing witchcraft. She also mocked her by asking her husband to sleep with her since she had no one to sleep with her. 9.None of the parties recorded any submissions Analysis and Findings 10.The central issue is whether the prosecution has proved, beyond a reasonable doubt, that the accused used the insulting words alleged, and whether she did so with the intent to provoke a breach of the peace. 11.The court notes that the prosecution’s evidence is largely consistent, with PW1, PW2, and PW3 all affirming that the accused used insulting words and made serious accusations of witchcraft and murder. The defence did not call any independent witnesses, and the accused’s version of events, though sworn, is not corroborated. 12.On the totality of evidence, I find the prosecution witnesses credible. Their accounts were consistent and mutually reinforcing, and the defence did not raise reasonable doubt as to the veracity of the allegations. The words uttered by the accused, as described, were clearly likely to provoke a breach of the peace, particularly given the cultural context and seriousness of accusations of witchcraft. 13.Accordingly, I find that the prosecution has proved its case beyond reasonable doubt. The accused is convicted of the offence of offensive conduct as charged pursuant to section 215 of the CPC. DATED, SIGNED AND DELIVERED IN KIWAHILI THE LANGUAGE ACCUSED STATES TO FULLY UNDERSTAND AT PORT VICTORIA THIS 10TH DAY OF JUNE 2026HON. ANNE NJERUSRMIn the presence ofAccused,Mr. Githinji the prosecutor andMr. Victor the Court Assistant.