A 32-year-old man from Kabarnet, Baringo County, has been sentenced to six months probation after being found guilty of assaulting another man by slapping him in the face. The case, which was heard in a local court, involved Nicholas Kiprotich, who was convicted of unlawfully assaulting Allan Tomno on the evening of April 17, 2022, at AP Canteen in Kabarnet town.
The incident occurred around 10 pm when Tomno was at the canteen. According to the victim’s account, he was slapped by Kiprotich, causing him to fall to the ground. When he tried to get his phone back from Kiprotich, the accused allegedly escalated the attack by hitting him with a fist. Tomno further explained that Kiprotich pushed him against a wall and pressed his groin before fleeing the scene with Ksh.18,000.
Following the assault, Tomno sought medical attention at Baringo County Referral Hospital, where a clinical officer examined him. The medical report confirmed that Tomno had sustained injuries from being slapped on both sides of his face and the right side of his chest. The officer noted tenderness in the temporal regions of his head and in the right anterior chest area, indicating the severity of the physical attack.
During the court proceedings, Kiprotich denied the allegations. He claimed that he was not present at the scene when the assault took place and argued that the charges against him were fabricated. He suggested that the real motive behind the accusation was a dispute over a motorcycle, which Kiprotich had purchased but the complainant had also intended to buy.
Despite Kiprotich’s defense, the court found the evidence against him convincing. Senior Principal Magistrate Caroline Ateya ruled that Kiprotich was guilty of assault as charged under section 251 of the Penal Code, which covers unlawful assault causing actual bodily harm. The magistrate noted that the testimonies and medical evidence sufficiently established Kiprotich’s involvement in the attack.
In mitigation, Kiprotich pleaded for leniency, explaining that he is the sole breadwinner of his family and has children in school who depend on him. He expressed remorse and promised to avoid further conflicts in the future.
A pre-sentence report prepared by a probation officer also influenced the court’s decision. The report indicated that Kiprotich posed no threat to the community and had no previous criminal convictions. Taking into consideration the circumstances and Kiprotich’s role as a provider, the court sentenced him to six months probation instead of a custodial sentence.
This case highlights issues of interpersonal violence in local communities and the importance of resolving disputes without resorting to physical assault. The probation sentence reflects the court’s approach to balancing justice and rehabilitation, especially when the accused demonstrates a willingness to amend their behavior.
The victim’s ordeal underscores the need for vigilance and prompt action when conflicts escalate to violence. It also serves as a reminder of the role of law enforcement and the judicial system in protecting citizens and ensuring accountability for offenses.
By handing down a probation sentence, the court has given Kiprotich an opportunity to rehabilitate and reintegrate into society while also sending a message that such acts of violence will not be tolerated. The ruling aims to deter similar offenses and promote peaceful coexistence within the community.
Ultimately, the case serves as an example of the judicial process addressing assault-related incidents and the careful consideration of individual circumstances in determining appropriate sentencing. It reinforces the principle that justice involves both punishment and the potential for positive change.
