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MagistrateOtherNot stated in the judgment· [2026] KEMC 261 (KLR)

Republic v Chacha & 2 others (Criminal Case E122 of 2026) [2026] KEMC 261 (KLR)

Magistrates' Court (Criminal Division)
7 July 2026
1,692 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kehancha court convicted three men of assault causing bodily harm after consistent, corroborated witness testimony overcame their unsupported claim of self-defence.

What this practically means

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Executive summary

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Three accused persons, Johnson Chacha, Marwa Mwita and Joseph Muniko, were charged with assault causing actual bodily harm contrary to section 251 of the Penal Code, particulars being that on 7 March 2026 at Nyankongo village, Ntimaru Sub County within Migori County, they jointly assaulted Wambura Joseph Mwita using pangas and clubs. The prosecution called four witnesses. The complainant testified that he was attacked in a closed sitting room, hit with a rungu, cut with pangas and stabbed with a knife, and robbed of Kshs. 13,000. PW2 corroborated this, finding the accused armed inside the house with the injured complainant. The clinical officer confirmed deep cut wounds caused by a sharp object, two days old, classified as harm. The accused gave unsworn defences denying the charges, claiming they were themselves attacked at a ceremony. The court, applying Ndaa v Republic, framed three issues: whether injuries amounting to harm were sustained, whether the accused caused them unlawfully, and whether the defence was reasonable. It found the injuries proved, the accused positively identified, and rejected the defence as unchallenged against watertight prosecution evidence. The prosecution case was proved beyond reasonable doubt, and the court convicted all three accused under section 215 of the Criminal Procedure Code. A 14-day right of appeal was explained. Sentencing was not part of this judgment.

Key legal issues

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01

Whether the complainant sustained injuries amounting to harm

Holding

Proved to the required standard; medical evidence confirmed injuries caused by a sharp object, classified as harm

Reasoning

The complainant described multiple injuries to the forehead, head, left shoulder, neck, back and left hand. The clinical officer's evidence corroborated the complainant, confirming deep cut wounds of two days' age caused by a sharp object and classified the degree of injury as harm under the Penal Code.

p. 3
02

Whether the injuries were caused by the accused unlawfully

Holding

Yes - the accused were positively identified by PW1 and PW2 as the attackers

Reasoning

The complainant placed the accused at the scene and his evidence was corroborated by PW2, who found the accused armed with a knife, metal rod and panga inside the locked house with the injured complainant. The evidence was direct, consistent and unchallenged, and pointed to the accused as those who unlawfully attacked and injured the complainant.

p. 4
03

Whether the accused's defence was reasonable

Holding

Rejected; the defence did not challenge the prosecution evidence

Reasoning

The accused gave unsworn defences claiming they were themselves attacked at a ceremony, but none indicated where they were injured. Their defences did not shake the consistent, direct and corroborated prosecution evidence, which the court found watertight, and were therefore rejected.

p. 4

Legal principles established

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  • The essential elements of assault causing actual bodily harm are an assault upon the victim occasioning actual bodily harm, requiring mens rea and the actus reus of the assault

Court orders

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  1. 1.The accused persons were found guilty as charged with the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code
  2. 2.The accused persons were convicted under section 215 of the Criminal Procedure Code
Jurisdiction invoked
Original criminal jurisdiction under section 251 of the Penal Code and the Criminal Procedure Code

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Chacha & 2 others (Criminal Case E122 of 2026) [2026] KEMC 261 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/261/eng@2026-07-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.