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MagistrateOtherCriminal Case No E332 of 2025· [2026] KEMC 691 (KLR)

Republic v Wanyonyi alias Baba Lao (Criminal Case E332 of 2025) [2026] KEMC 691 (KLR)

Magistrates' Court (Criminal Division)
4 March 2026
5,272 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~21 min to read original · ~4 min brief

The bottom line

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A Bungoma court convicted a man of grievous harm, ruling that photos and videos without required certificates cannot be used as evidence in Kenyan criminal trials.

What this practically means

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Executive summary

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The Accused, Haron Barasa Wanyonyi alias Baba Lao, was charged with grievous harm contrary to section 234 of the Penal Code for the assault on bodaboda rider Dennis Lokorito Wafula at a funeral in Ndengelwa village, Bungoma, on 11th March 2025. Six prosecution witnesses testified that the Accused, together with Fred Juma and Jairus, attacked PW1 while he and others were addressing mourners, causing a stitched cut wound to the mouth assessed by a clinical officer as maim. The defence, including two witnesses, advanced an alibi and attributed the charge to bodaboda riders' leadership wrangles. The court framed three issues. First, it excluded the photographic and video evidence, holding that neither party supplied certificates under sections 78 and 106B of the Evidence Act, rendering the exhibits inadmissible. Second, it held that although the complainant's treatment notes were only marked for identification and thus had no evidential weight per Mwige v Kiguta, the failure to produce them was not fatal since the P3 form, filled within 24 hours and uncontradicted, remained good evidence per Kiptanui. Third, it found all ingredients proved: grievous harm within the disjunctive section 4 definition; causation through common intention under section 21 of the Penal Code, the alibi being dislodged by prompt reporting and consistent eyewitness testimony; and unlawfulness, as PW1 posed no danger. The court convicted the Accused under section 215 of the Criminal Procedure Code. Sentence was not stated in the judgment.

Key legal issues

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01

Admissibility of photographs and video evidence without section 78 and 106B certificates

Holding

The photos and video were inadmissible for want of certificates and were excluded from consideration

Reasoning

Section 78 of the Evidence Act requires a certificate from a DPP-appointed officer for photographic prints, and section 106B(2) requires a certificate identifying the device, describing data production, confirming proper operation and signed by a responsible official. Neither prosecution nor defence supplied certificates. Guided by Erick Indimuli Siaya and Mtere v Republic, the court held the omission fatal and excluded the evidence.

p. 7
02

Effect of treatment notes merely marked for identification

Holding

The treatment notes had no evidential weight, but their absence did not defeat the prosecution case

Reasoning

Citing Mwige v Kiguta, documents marked for identification are not exhibits and cannot ground a decision. However, the P3 form filled within 24 hours of the incident, uncontradicted by any contrary medical evidence, remained good proof of injuries, following Kiptanui & another v Republic.

p. 10
03

Whether the victim sustained grievous harm

Holding

Yes - the stitched cut wound left a permanent scar (disfigurement) and the clinical officer assessed the injuries as maim, both within section 4 of the Penal Code

Reasoning

The P3 form recorded a 3cm cut on the lip stitched at hospital. The court took judicial notice that stitched wounds leave scars causing permanent disfigurement, and the clinical officer assessed the injuries as maim; either suffices under the disjunctive definition of grievous harm.

p. 12
04

Whether the Accused caused or participated in causing the harm despite his alibi and the exclusion of the video evidence

Holding

Yes - his alibi was dislodged by prompt reporting, eyewitness testimony, and the doctrine of common intention

Reasoning

Eyewitnesses (PW1-PW4) consistently placed the Accused among the attackers; the report at 1355hrs the same day negated fabrication; identity was not mistaken as the parties knew each other and the incident occurred in daylight. Although no witness attributed the specific blow, the Accused, acting with others, did not dissociate himself from the group, engaging section 21 of the Penal Code.

p. 15
05

Whether the harm was unlawfully caused

Holding

Yes - PW1 posed no danger to any person or property and the attack was actuated by bodaboda leadership wrangles

Reasoning

Lawful infliction of injury arises only in self-defence, defence of others, or protection of property. None applied; PW1 was attacked without legal justification or excuse.

p. 15

Legal principles established

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  • Photographic evidence and video evidence are admissible only if accompanied by a certificate under sections 78 and 106B of the Evidence Act; unauthenticated photos and videos will not be relied upon
  • A document marked for identification but not formally produced is not evidence and carries no evidential weight
  • Failure to produce a complainant's initial treatment notes is not fatal where a P3 form is produced and no contrary medical evidence is adduced
  • The Penal Code's definition of grievous harm is disjunctive; injury meeting any one ingredient suffices
  • Common intention may be inferred from presence, actions and omission to dissociate from an assault

Court orders

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  1. 1.The Accused Person is convicted under section 215 of the Criminal Procedure Code of the offence of grievous harm contrary to section 234 of the Penal Code

Authorities

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Legislation

  • Penal Codesection 234
  • Penal Codesection 4 (definitions of grievous harm and maim)
  • Penal Codesection 21 (common intention)
  • Criminal Procedure Codesection 212
  • Criminal Procedure Codesection 215
  • Evidence Actsection 78
  • Evidence Actsection 106B(2)

Cases cited (13)

  • Erick Indimuli Siaya vs. Republic
    [2016] eKLR
  • John Kibii Langat vs Republic
    [2005] eKLR
  • Mtere v Republic
    (Criminal Appeal E051 of 2024) [2025] KEHC 5144 (KLR) (Crim)
  • George Gabriel Kiguru & Another v Republic
    [2022] eKLR
  • Mwige v Kiguta & 2 others
    (Civil Appeal 140 of 2008) [2015] KECA 334 (KLR)
  • Michael Hausa -v- The State
    (1994) 7-8 SCNJ 144
  • Kiptanui & another v Republic
    (Criminal Appeal E012 & E022 of 2024 (Consolidated)) [2025] KEHC 7200 (KLR)
  • Pius Mutua Mbuvi Vs Republic
    (2021) eKLR
  • Kangogo v Republic
    (Criminal Appeal E030 of 2024) [2025] KEHC 5742 (KLR)
  • John Oketch Abongo v Republic
    [2000] eKLR
  • Tekerali s/o Korongozi & 4 Others vs. Rep
    (1952) 19 EACA 259
  • Dickson Mwangi Munene & Another v R
    CR. NO. 314 OF 2011 [2014] eKLR
  • R v Tabulayenka S/O Kirya
    [1943] EACA 51
Jurisdiction invoked
Criminal jurisdiction under the Penal Code (section 234) and the Criminal Procedure Code; first-instance trial of a charge of grievous harm

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 Wanyonyi alias Baba Lao (Criminal Case E332 of 2025) [2026] KEMC 691 (KLR)", Case Analysis (2026). Criminal Case No E332 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/691/eng@2026-03-06

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