Republic v Wafula
Republic v Wafula (Criminal Case E480 of 2024) [2026] KEMC 393 (KLR) (29 July 2026) (Judgment)
The court found that while the complainant proved he sustained actual bodily harm, the prosecution failed to prove beyond reasonable doubt that the accused unlawfully inflicted the injuries. The absence of independent witnesses from a crowded bar scene, the lack of direct evidence on how the injury was caused, and the plausible defence version left reasonable doubt that had to be resolved in favour of the accused.
Source excerpt
- Assault causing actual bodily harm
- Proof beyond reasonable doubt
- Failure to call witnesses
- Acquittal
- Circumstantial and eyewitness evidence
- Medical evidence in criminal trials