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MagistrateAllowedNot stated in the judgment· [2026] KEMC 253 (KLR)

Republic v Adhiambo (Criminal Case E160 of 2025) [2026] KEMC 253 (KLR)

Senior Resident Magistrate's Court
29 June 2026
ANAnne Njeru
1,801 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 Kenyan court convicted a woman of injuring a neighbour's cow, showing that eyewitness testimony, admissions and veterinary evidence easily overcome a bare denial in court.

What this practically means

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Executive summary

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The accused, Anjeline Adhiambo, was charged with injuring an animal contrary to section 338 of the Penal Code, particulars being that on 26th April 2025 at Makunda area, Bunyala Sub County within Busia County, she willfully and unlawfully wounded a cow valued at Kshs 36,000 belonging to Miliana Atieno. She denied the charge. Five prosecution witnesses testified: PW1 Vincent Opiyo Kanoti, an eyewitness, saw the accused strike a straying cow with a jembe in her shamba and positively identified her, having seen her working there previously. PW2 and PW5 testified that the accused admitted hitting the cow and initially pledged to meet veterinary costs, which she never paid; the cow died four days after the injury. PW3, a veterinary officer, found a cut on the cow's back with a fractured backbone and opined the weapon was a sharp panga-like object. PW4, the investigating officer, photographed the scene. The accused, in her defence, gave a bare denial, claiming the eyewitness lied, though she could suggest no reason for him to frame her. The court framed three ingredients: ownership and capability of being stolen, injury, and willful and unlawful infliction. It found the first two undisputed and, relying on the direct eyewitness evidence corroborated by the accused's admission and veterinary findings, held that the defence did not create reasonable doubt. The accused was convicted under section 215 of the Criminal Procedure Code; sentencing was not included in this judgment.

Key legal issues

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01

Whether the accused inflicted the injury on the cow

Holding

Yes. The eyewitness account, the accused's alleged admission, and the veterinary evidence together established beyond reasonable doubt that the accused willfully and unlawfully injured the complainant's cow.

Reasoning

PW1, an eyewitness who knew the accused from prior occasions in that shamba, saw her strike the straying cow with a jembe. PW2 and PW5 testified that the accused admitted hitting the cow and initially pledged to meet veterinary costs. PW3's veterinary findings confirmed a severe traumatic back injury with a fractured backbone, consistent with a blow from a jembe. The accused's defence was a bare denial that dislodged nothing.

p. 4
02

Whether the animal was capable of being stolen and belonged to another

Holding

Yes. Ownership by PW5 Milliana Akello was undisputed and the court found the cow capable of being stolen within the meaning of the law.

Reasoning

PW2 and PW5 both testified the cow belonged to them and had strayed into a nearby farm. There was no dispute on ownership. The veterinary officer confirmed a serious injury, and the cow later died. The court was satisfied the animal was injured and was capable of being stolen.

p. 3

Legal principles established

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  • The prosecution must prove the offence of injuring an animal beyond reasonable doubt, including that the injury was inflicted willfully and unlawfully by the accused.
  • A bare denial by an accused that does not explain why a prosecution witness would falsely implicate her does not rebut the prosecution case or create reasonable doubt.

Court orders

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  1. 1.Accused found guilty of injuring an animal contrary to section 338 of the Penal Code and convicted under section 215 of the Criminal Procedure Code

Authorities

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Legislation

  • Penal Codesection 338
  • Criminal Procedure Codesection 215
Jurisdiction invoked
Criminal jurisdiction under the Penal Code (section 338) and the Criminal Procedure Code (section 215)

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 Adhiambo (Criminal Case E160 of 2025) [2026] KEMC 253 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/253/eng@2026-06-29

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