A 57-year-old man became emotional after being convicted on assault charges to serve a one-year probation by a Kabarnet Law Court on Thursday.
Michael Kipyator was convicted by Senior Resident Magistrate Viennah Amboko after being found guilty of unlawfully assaulting John Cherogony thereby causing him actual bodily harm on December 18, 2020 at Kaptorokwo village, Baringo Central Sub-County.
Kipyator entered a plea of not guilty and told the court that the two had a wrangle over the complainants’ goats that entered his farm in 2019 and destroyed his trees but was resolved by the area chief but still held a grudge.
“I met him at the road while each of us was going on opposite directions and when I tried talking to him, he asked me to go to his home if I needed to talk,” said Kipyator who has been out on bond.
Prosecution Counsel Rebecca Bartilol however recorded that the evidence on record indicated that it was clear that the accused was guilty of assault.
“I find the accused person guilty and I pray that the court convicts him of the offence of assault causing actual bodily harm contrary to section 251 of the penal code,” Bartilol said.
In his mitigation Kipyator was remorseful and asked the court to be lenient with him.
The Senior Resident Magistrate said she considered the accused person was a first offender and took into account his mitigation and the probation report that recommended a probation sentence based on positive sentiments from the local administration.
“I have noted that the accused person is advanced in age and rehabilitation within the community is most suitable,” Amboko said.
The accused has 14 days right of appeal.
