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MagistratePartially AllowedNot stated in the judgment· [2026] KEMC 369 (KLR)

Republic v Kamau (Criminal Case E143 of 2026) [2026] KEMC 369 (KLR)

Magistrates' Court
30 July 2026
3,278 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Lamu court convicted a man of destroying his mother's phone and threatening her, but acquitted him of offensive conduct because it happened at home, not in public.

What this practically means

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Executive summary

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In a first-instance criminal trial before the Resident Magistrate's Court at Lamu, the accused, son of the complainant Velonica Wanjiku Kihunyu (Pw1), faced three counts: malicious damage to property contrary to section 339(1) of the Penal Code, threatening violence contrary to section 95(2)(a), and offensive conduct contrary to section 94(1). The prosecution alleged that on 17/5/2026 at Matangeni, Hindi, Lamu County, the accused smashed his mother's Nokia C22 phone valued at Kshs.28,000/- against a wall and stomped on it, threatened to kill her, grabbed her by the neck, slapped her, and hurled gross insults at her. Pw1 and a second witness testified; the accused, found with a case to answer, gave sworn testimony claiming the mother threw the phone at him. The court, applying Wilson Gathungu Chuchu and Simon Kiama Ndiagui, found the elements of malicious damage proved: the phone was destroyed, the accused caused the destruction, and it was willful and unlawful; the defence was dismissed as an afterthought. On count 2, the threats and the breaking of the ceiling board satisfied the court that threatening violence was proved. Count 3 failed because the events occurred privately, not in a public place or a gathering of over 10 people as required by section 94. The accused was convicted on counts 1 and 2 and acquitted on count 3, all under section 215 of the Criminal Procedure Code. Sentencing was not pronounced in this judgment, and no costs order was made.

Key legal issues

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01

Whether the accused maliciously damaged the complainant's Nokia C22 phone

Holding

Yes - destruction was willful, unlawful and caused by the accused; convicted under section 339(1).

Reasoning

Pw1 testified the accused smashed the phone on the wall, snatched it back, threw it on the floor and stepped on it. The damaged phone was produced in court and the accused never challenged the damage in cross-examination; his claim that the mother threw the phone was an afterthought. No lawful justification existed for the destruction.

p. 5
02

Whether the accused threatened the complainant with violence

Holding

Yes - convicted under section 95(2)(a) of the Penal Code.

Reasoning

The accused threatened to kill his mother, summoned siblings to mark the date, brandished awareness of a knife, grabbed her by the neck against the wall and slapped her. He also broke the ceiling board to escape a locked room, which the court found injured a dwelling house within the meaning of section 95(2)(a).

p. 6
03

Whether offensive conduct under section 94(1) was proved

Holding

No - the events occurred in a private house, not a public place or public gathering.

Reasoning

Only the accused, the complainant and children were present; the offence requires a public place or public gathering. Section 94(2) defines a public gathering as a meeting of over 10 people, and no evidence showed that threshold was met. The accused was accordingly acquitted on count 3.

p. 6

Legal principles established

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  • Elements of malicious damage to property: ownership, destruction/damage, causation by the accused, and willful and unlawful destruction.
  • 'Wilful' in criminal definitions means intentional or purposely as distinguished from accidental or negligent, and may require bad purpose or evil intent.
  • The offence of offensive conduct under section 94(1) of the Penal Code must occur in a public place or a public gathering; a public gathering under section 94(2) is a meeting of over 10 people.

Court orders

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  1. 1.The accused is convicted in count 1 for maliciously damaging the phone make Nokia C22 contrary to section 339(1) of the Penal Code under Section 215 of the Criminal Procedure Code.
  2. 2.The accused is convicted in count 2 for threatening violence contrary to section 95(2)(a) of the Penal Code under Section 215 of the Criminal Procedure Code.
  3. 3.The accused is acquitted in count 3 for the offence of offensive conduct contrary to section 94(1) of the Penal Code under section 215 of the Criminal Procedure Code.
Jurisdiction invoked
Criminal jurisdiction under the Penal Code and Criminal Procedure Code (first-instance criminal trial)

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 Kamau (Criminal Case E143 of 2026) [2026] KEMC 369 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/369/eng@2026-07-30

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