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4. The second witness, No. 69573 Corporal Chaka Mwadingo attached to Nyeri Police Station stated that on 11th August, 2024 he was at the report ofice when a reportee came bleeding from the left eye. His shirt was soaked in blood. They took his report and he was minuted to investigate. 5. The reportee informed PW2 that he was taking his vehicle to the car wash when he met a certain boy who was working at the carwash and directed him where to take his vehicle to be cleaned. After it was cleaned the accused came and asked him angrily why he had parked the vehicle where he had parked. He took a metal rod and hit him on the left eye. He gave the complainant a P3 Form and advised him to go to hospital. He later arrested the accused. 6. PW3 Doctor Nderitu Marvin Gathigo a Senior Medical Oficer at Nyeri County Referral Hospital gave evidence that he filled the P3 Form for Samuel Ngunju who reported to have been assaulted at a car was in Nyeri Town. He had a bleeding cut wound on the face above the left eye and the probable weapon was a blunt object. The degree of injury was ascertained as harm. 7. The accused person gave sworn testimony and called no witness. He stated that he is a supervisor but at times, he also cleans vehicles. On 11th August, 2024 while at his place of work where they are usually 5 workers though on the material day they were only 3. He stated that it was his first time to see the complainant. He saw him park outside the car wash and the car was cleaned by one of the workers. 8. He was not charged and when he saw him trying to leave he went and asked him to pay but he said, he will not pay because only the tyres had been washed. He said the vehicle was washed while outside the garage. The accused person took the keys and hanged them somewhere within the carwash and there was no commotion. The complainant left and later came back after sometime and told him that he will pay for the loss he had sufiered. 9. Shortly he saw 2 people and a police oficer and approached them and he was handcufied and taken to the police station. He stayed in the cells for an hour and then the OCS called him and asked him why he had assaulted someone. He said the complainant needed compensation of either 3,000 or 11,500. He said could not remember the amount demanded. 10. I have considered the evidence adduced by the prosecution witnesses as well as the defence by the accused person. I have also considered the submissions filed by defence counsel. The issue for determination is whether the prosecution has proved that the accused assaulted the complainant? 11. The complainant gave evidence that the complainant assaulted him whereas the accused denied and said he only snatched him the ignition keys when he noticed that he wanted to drive away without paying for the cleaning services. In my view whether the issue was non-payment of the cleaning services, parking the vehicle outside the car wash, or the complainant abusing the accused, the accused had no right to snatch the ignition keys from the complainant. 12. The complainant produced a patient file which had only one page. It indicates that he had a bleeding cut wound on the face above the left ear. The Doctor testified that he relied on the said treatment notes. He indicated in the P3 form that the complainant had a bleeding cut wound on the face above the left eye. He never indicated the size of the wound. In re examination he clarified that the eye is in close proximity to the ear. It is called the temporal region. It is an issue of what one sees and what the other one sees. 13. It is worth to note that the clinical oficer who first treated the complainant was never called to clarify what he or she observed. In light of the inconsistency as to where exactly the complainant sustained the cut wound, I find it unsafe to convict the accused person. It was important that the clinical oficer be called to point out exactly where he or she saw the injury so that the evidence is tested. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/138/eng@2026-06-24 2

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14. In conclusion, it is my finding that the prosecution has failed to prove its case beyond any reasonable doubt. The accused is hereby acquitted under section 215 of the Criminal Procedure Code unless otherwise lawfully held. JUDGMENT DELIVERED IN OPEN COURT AT NYERI THIS 24TH DAY OF JUNE, 2026. C. K. OBARA CHIEF MAGISTRATE Accused: Present Court Prosecutor: Mr. Muriuki Advocate for the accused: Ms. Ann Thiongo Court Assistant: Mugambi https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/138/eng@2026-06-24 3

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