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Lawyer raises issue with decision to charge assault victim

"This is an attempt to deter justice for the young man," the lawyer told the court.

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by SHARON MWENDE

News07 June 2024 - 06:55
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In Summary


  • John Maina is said to have been assaulted by the school instructors on May 9, 2024. 
  • His assaulters were also charged with offensive conduct directed at the student.
John Maina, a student from Kilimambogo institute attending a plea taking in front of principal magistrate Paul wechuli, in Kithimani law courts in Yatta Machakos County.

A lawyer has raised an issue with a decision to charge an assault victim, a student at Kilimambogo Highways Building Technology Institute.

Lawyer Patrick Gaitho questioned why the police had decided to take his client, a victim, to court over allegations of assault and damage of property belonging to the institution. 

"This is an attempt to deter justice for the young man," he told the court.

John Maina is said to have been assaulted by the school instructors on May 9, 2024. 

Appearing before Principal Magistrate Paul Wechuli, Maina denied the charges.

His alleged assaulters were also charged with offensive conduct directed at the student.

It is said the accused persons used abusive words intending to provoke breach of peace. 

Kevin Nabali, Gentrics Shikuku and Laban Kemboi appeared before Kithimani Law Courts in Yatta, Machakos County to take plea before Principal Magistrate Paul Wechuli.

The three allegedly caused Maina to sustain serious injuries.

The court heard that he had to seek treatment at Kilimambogo Level Four Hospital.

They denied the charges and were released on a cash bail of Sh10,000 with an alternative of Sh30,000 bond with a surety of similar amount. 

In a video seen by the Star, the accused persons are seen beating and kicking the victim before he falls and is crowded.

He then wakes up and walks off.

“The incident which was captured on camera by multiple people on the premises, shows the gruesome way in which our client was surrounded, cornered and beaten to a pulp by persons who are employees of your institution,” said law firm Mugane and Company Advocates in the demand letter to the institution. 

“This attack not only left our client physically injured but also mentally traumatised and robbed of his dignity. Kindly note that the actions by your employees are not only criminal in nature under the penal code but also tortious,” said the lawyer. 

The case will be mentioned on July 29, 2024.

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