Republic v Imong (Criminal Case E129 of 2025) [2026] KEMC 320 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEMC 320 (KLR) REPUBLIC OF KENYA IN THE MALABA LAW COURTS CRIMINAL CASE E129 OF 2025 AZ OGANGE, RM JULY 16, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND JORONIMO IMONG ................................................................................... ACCUSED RULING 1. The accused person was convicted pursuant to a judgment delivered today the 16th day of July 2026 of the ofience of assault causing actual bodily harm contrary to section 251 of the Penal Code. I have considered the circumstances of the ofience, the mitigation ofiered by the convict, and the applicable principles of sentencing. 2. The convict prays for leniency, stating that he is the sole breadwinner of his family and assuring the court that he has learnt from the incident and will not repeat the ofience. I have taken those mitigating factors into account. 3. The evidence established that the relationship between the accused and the complainant had been strained and marked by constant fights. On the material day, the accused assaulted the complainant by kicking, slapping, scratching and beating her in the presence of their child and neighbors. Such conduct not only occasioned physical harm to the complainant but also exposed the children to domestic violence, an experience capable of causing lasting emotional and psychological harm. 4. The court cannot ignore the increasing prevalence of gender-based violence and the national concern over cases of violence against women. Although the accused was not convicted of an ofience relating to femicide, domestic assaults often constitute part of a continuum of violence which, if unchecked, may escalate into more grievous ofiences. Courts therefore have a duty to impose sentences that denounce such conduct, protect victims and deter would-be ofienders. 5. While the court has discretion to impose a fine, imprisonment, or both, the sentence must refiect the seriousness of the ofience while remaining proportionate to the ofiender's culpability. The mitigating https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/320/eng@2026-07-16 1
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factors advanced by the accused do not outweigh the aggravating circumstances surrounding the commission of the ofience. Nevertheless, the court is persuaded that the objectives of punishment and deterrence can adequately be met by a substantial fine coupled with a meaningful default custodial sentence. 6. Accordingly, the accused is sentenced to pay a fine of Kshs. 60,000, and in default to serve twelve (12) months' imprisonment. 7. The accused has a right of appeal against both conviction and sentence within the time prescribed by law. RULING DATED, SIGNED AND DELIVERED IN OPEN COURT AT MALABA PRINCIPAL MAGISTRATES COURT THIS 16TH DAY OF JULY, 2026. In the Presence of Joronimo Imong the Accused Person Mr. T. Rotich Prosecution Counsel Court Assistant: Paul Otieno A.Z. OGANGE RESIDENT MAGISTRATE 16. 07.2026 https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/320/eng@2026-07-16 2
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