A 32-year-old man, charged with assaulting another individual by slapping him in the face, has received a sentence of six months probation from a court in Kabarnet.
Nicholas Kiprotich appeared before Senior Principal Magistrate Caroline Ateya, where he was found guilty of unlawfully assaulting Allan Tomno on April 17, 2022, at approximately 10 pm at the AP Canteen in Kabarnet town.
The court determined that his actions resulted in actual bodily harm, in violation of section 251 of the Penal Code.
The prosecutor informed the court that Tomno was present at the AP Canteen when Kiprotich allegedly slapped him across the face.
“I was at the AP Canteen when someone slapped me on the face, causing me to fall. Upon getting up, I recognized Nicholas as the one who had slapped me. I requested my phone back, but he then struck me with his fist,” the victim recounted.
He further stated that Nicholas pushed him against the wall and pressed his groin before fleeing with Ksh.18,000.
A clinical officer from Baringo County Referral Hospital examined the victim and reported that Tomno had been slapped on both sides of his face and on the right side of his chest.
The officer observed tenderness in both temporal regions and the right anterior chest.
Kiprotich, in his defense, denied any involvement in the assault, asserting that he was not present at the location during the incident.
He also claimed that he was wrongfully charged due to having purchased a motorcycle that the complainant had intended to acquire.
In her ruling, Magistrate Ateya expressed that the court was persuaded by the evidence provided and found the accused guilty of the assault as charged.
Kiprotich requested leniency, arguing that he is the primary provider for his young family and has children attending school. He assured the court that he would refrain from future conflicts.
A pre-sentence report prepared by a probation officer indicated that the accused posed no threat to the community and had no previous convictions.
