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MagistrateOtherNot stated in the judgment

Republic v Marwa (Criminal Case E418 of 2026) [2026] KEMC 366 (KLR)

Senior Principal Magistrate's Court at Kehancha
30 July 2026
JNJ. P. Nandi
570 words in judgment
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The bottom line

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A Migori court convicted a man of assault after he admitted attacking his brother over a land dispute, and medical evidence confirmed the injuries.

What this practically means

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Executive summary

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The accused, Charles Marwa, was charged with assault causing actual bodily harm contrary to section 251 of the Penal Code, arising from an incident of 19 September 2025 at Kohero village, Ntimaru Sub County within Migori County, in which the complainant, Mwita Charles Mwita, was cut on the wrist. The prosecution called four witnesses: a clinical officer who produced treatment notes and the P3 Form showing soft tissue injuries classified as harm; the complainant, who described the accused attacking him with a panga while he removed a Kayaba the accused had used to close a road; Marwa Mwita, an eyewitness; and the investigating officer. In defence, the accused gave sworn testimony and admitted the assault, explaining that he attacked his brother because of encroachment on his land; a defence witness confirmed an existing land dispute between them. The court held that the accused's admission, together with the medical evidence confirming harm, established the offence beyond reasonable doubt. The accused was found guilty as charged and convicted pursuant to section 215 of the Criminal Procedure Code. The judgment records conviction only; no sentence is stated in the judgment as produced. The matter was handled by Senior Principal Magistrate J. P. Nandi, sitting at Kehancha, with prosecution counsel Mr. Kuntai appearing.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the prosecution proved the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code beyond reasonable doubt
  2. 2.Whether the medical evidence corroborated the complainant's account of injury

Key legal issues

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01

Proof of assault causing actual bodily harm under section 251 of the Penal Code

Holding

The offence was proved beyond reasonable doubt by the accused's own admission and the medical evidence classifying the injuries as harm

Reasoning

The accused gave sworn testimony admitting he assaulted the complainant over a land dispute. PW1, the clinical officer, produced treatment notes and the P3 Form showing soft tissue injuries at the left wrist classified as harm. The admitted facts and medical corroboration satisfied the elements of the offence under section 251 of the Penal Code, warranting conviction under section 215 of the Criminal Procedure Code.

p. 2

Legal principles established

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  • An accused's sworn admission of the assault, coupled with consistent medical evidence, establishes the offence beyond reasonable doubt

Court orders

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  1. 1.Accused found guilty and convicted of assault causing actual bodily harm contrary to section 251 of the Penal Code, conviction entered pursuant to section 215 of the Criminal Procedure Code

The bench

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One judgment of the whole court — no separate or dissenting opinions.

JN
J. P. NandiSenior Principal Magistrate
majority

Wrote the judgment

Jurisdiction invoked
Criminal jurisdiction over assault causing actual bodily harm contrary to section 251 of the Penal Code; conviction under section 215 of the Criminal Procedure Code

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In conclusion I find that the prosecution has been able to prove its case beyond any reasonable doubt. The accused is found guilty as charged with the ofience of assault causing actual bodily harm contrary to section 251 of the Penal Code and, convict him pursuant to section 215 of the Criminal Procedure Code.
p. 2Conviction and final order

Issues in the judgment

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minor

The judgment is dated 30 July 2026 but describes an offence allegedly committed on 19 September 2025 and a trial whose charge particulars are dated before the stated delivery date; the year 2026 in the delivery date may be an error, and the offence date 2025 appears in the future relative to a 2025 filing in any event

minor

The case number is not stated anywhere in the judgment

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 Marwa (Criminal Case E418 of 2026) [2026] KEMC 366 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/366/eng@2026-07-30

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