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Republic v Hussein (Criminal Case 37 of 2018) [2020] KEMC 21 (KLR) (21 January 2020) (Judgment)

[2020] KEMC 21 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
21
Citation
[2020] KEMC 21 (KLR)
Decided
21 January 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal CasePostureAppeal from the original trial outcomeCoramALOYCE-PETER-NDEGE
Holding

The defendant is found guilty of Assault Causing Actual Bodily Harm.

Facts

Mariam Hussein was charged with Assault Causing Actual Bodily Harm and Offensive Conduct. She was accused of assaulting Mary Wanyika and using threatening words.

Issues

  1. Whether the defendant's shop qualifies as a public place under section 94(2) of the Penal Code.
  2. Whether the assault was justified and justifiable under section 251 of the Penal Code.

Reasoning

The court found that the defendant's shop did not qualify as a public place under section 94(2) of the Penal Code, and the assault was not justified.

Outcome

Guilty of Assault Causing Actual Bodily Harm

Orders

  • Convicted of Assault Causing Actual Bodily Harm

Authorities cited

Legislation (2)
  • Penal Code
  • Criminal Procedure Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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