Republic v Ware (Criminal Case 7 of 2019) [2021] KEMC 17 (KLR) (11 March 2021) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 17
- Citation
- [2021] KEMC 17 (KLR)
- Decided
- 11 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal CasePostureAppeal from original trial outcomeCoramALOYCE-PETER-NDEGE
Holding
The court finds that the prosecution has failed to prove all the ingredients of the offence of Assault Causing Actual Bodily Harm. The court convicts the accused of the offence of Common Assault.
Facts
On 09.12.2018, a group of 12 people armed with crude weapons attacked Farah Maulid Bare and Ibrahim Maulid Bare, causing them actual bodily harm and stealing their items.
Issues
- Whether the accused committed Assault Causing Actual Bodily Harm
- Whether the prosecution proved the harm component of the charges
Reasoning
The prosecution was unable to present medical evidence to prove the harm component of the charges. The evidence corroborated the identification of the accused by the witnesses.
Outcome
Conviction of Common Assault
Authorities cited
Legislation (3)
- Cap. 63, Laws of Kenya
- Cap. 75, Laws of Kenya
- 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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