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Original judgment

Republic v Ombasa

REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT KEHANCHA CRIMINAL CASE NO. E241 OF 2026 REPUBLIC VERSUS TIMOTHY OMBASA…………………………………………………ACCUSED RULING 1. The accused person has been charged in count one with the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code. The particulars are that the accused on the 10th day of May 2026 at around 0900 hours in Ntimaru Township, Ntimaru Sub County within Migori County, unlawfully assaulted ELIAZAR OKUMU using a piece of wood and kicks thereby occasioning her actual bodily harm. The Prosecution Case 2. The prosecution called Five witnesses namely: 1) ELIAZAR OKUME (complainant) (PW1) 2) MILLICENT ODERA (PW2). 3) NELIX OJWANG ODUOR (clinical officer) (PW3) 4) NO. 123826 PC RAYMOND ODHIAMBO (PW4) 3. I have carefully considered the Prosecution evidence on record and find that a prima facie case has been established and proceed to place the Accused Person on his defence. KEHANCHA SPMC CR NO. E241 OF 2026 (RULING) 1

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Dated, Signed and Delivered in open Court at Kehancha on this 15 th day of September, 2026. J.P. NANDI SENIOR PRINCIPAL MAGISTRATE In the presence of: Mr. Kuntai………… Prosecution Counsel Mr. Mang’era/Enock………… Court Assistant Accused …………….. Present Interpretation ……… English/Kiswahili Accused Language … Kiswahili KEHANCHA SPMC CR NO. E241 OF 2026 (RULING) 2

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