Republic v Bett alias Avator (Criminal Case E1383 of 2025) [2026] KEMC 352 (KLR) (27 July 2026) (Ruling) Neutral citation: [2026] KEMC 352 (KLR) REPUBLIC OF KENYA IN THE NAROK LAW COURTS CRIMINAL CASE E1383 OF 2025 GW KIRUGUMI, SPM JULY 27, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND EMMANUEL BETT ALIAS AVATOR ........................................................ ACCUSED RULING 1. The Accused person is charged with cheating contrary to section 315 of the Penal Code. The accused is charged with four other counts. The Accused pleaded initially pleaded guilty to count 1. He later recanted his plea of guilty and pleaded guilty in counts 2,4, and five and recanted his admission after the reading of the facts to him. A plea of not guilty was entered in all the five counts. 2. The Complainant withdrew his complaint in count 1 and the Accused was acquitted under section 204 of the Penal Code. The Accused then later admitted counts 2-5 and was convicted. In mitigation the Accused stated that he was under the infiuence of alcohol, that he was remorseful, that he was a breadwinner and that he also was a caregiver to his mother. 3. Count 2 is resisting arrest contrary to section 103(b) of the National Police Service Act. 4. Count 3 is Assault to a police oficer contrary to section 103(a) of the same Act. 5. Count 4 is Malicious injury to property contrary to section 339 (1) of the Penal Code, the damaged item being a padlock at the Police Post. 6. Count 5 committing common nuisance contrary to section 175 of the Penal Code by undressing in public at the police post. 7. 103. Assault in execution of duty https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/352/eng@2026-07-27 1
page 1 of 2
8. The relevant sections of the National Police Service Act 2011 provide. Any person who— (a) assaults, resists or wilfully obstructs a police oficer in the due execution of the police oficer's duties; (b) assaults, resists or wilfully obstructs any person acting in aid of the police oficer; (c) attacks an animal belonging to the Service; or (d) intentionally or recklessly, destroys police property, commits an ofience and shall be liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding ten years, or to both The said section 339 of the Penal Code provides. (1) Any person who wilfully and unlawfully destroys or damages any property is guilty of an ofience, which, unless otherwise stated, is a misdemeanour, and is liable, if no other punishment is provided, to imprisonment for five years. 175. Common nuisance (1) Any person who does an act not authorized by law or omits to discharge a legal duty and thereby causes any common injury, or danger or annoyance, or obstructs or causes inconvenience to the public in the exercise of common rights, commits the misdemeanour termed a common nuisance and is liable to imprisonment for one year. (2) It is immaterial that the act or omission complained of is convenient to a larger number of the public than it inconveniences, but the fact that it facilitates the lawful exercise of their rights by a part of the public may show Decision 9. The ofiences were committed as part of one transaction on 18th December 2025. I have taken note of the circumstances of the ofience, the mitigation of the Accused, the Presentence report and age of the accused and that he is a first ofiender with a positive report from the community. The victim in count 3 informed the Probation oficer that he had forgiven him. 10. The Accused has been in custody from 18th December 2025 to date. 11. The Court considers the time spent in custody as suficient punishment. The Accused is pardoned in count 2,3,4 and 5 under section 35 of the Penal Code and is set at liberty. DATED, SIGNED AND DELIVERED AT NAROK THIS 27TH JULY 2026. G.W KIRUGUMI SPM. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/352/eng@2026-07-27 2
page 2 of 2