A man facing assault charges broke down in court after being handed a 1-year probation sentence on Thursday, October 6, 2022.
Michael Kipyator got emotional in the dock at Kabarnet Law Courts as the magistrate delivered a judgement in the assault case lodged in 2020.
Assaulted neighbour
The 57-year-old had pleaded not guilty to the offence of assaulting his neighbour John Cherogony on December 18, 2020, at Kaptorokwo village and causing bodily harm.
Kipyator is said to have assaulted the complainant after his (Cherogony) goats trespassed on his farm and destroyed his trees.
The prosecution called four witnesses including a minor to testify in the case.
Cherogony, in his statement, said he was hesitant to forgive the accused because he was afraid of future predicaments if the matter was not solved in accordance with the law.
The minor told the court that they had seen the accused hitting the complainant with a stone on the head after an argument.
Tony Kipsergon, a Clinical Officer attached to Baringo County Referral Hospital, said the complaint was brought to the facility with a swollen forehead, after being hit with a blunt object.
In his mitigation, the accused pleaded with the court to be lenient on him, saying that he was remorseful.
The prosecution counsel led by Rebecca Bartilol said the accused person was guilty as charged and asked the court to convict him in accordance with the law.
“I find the accused person guilty and I pray that this court convicts him accordingly of assault causing actual bodily harm contrary to section 251 of the penal code” Bartilol noted.
Senior Resident Magistrate Vienna Amboko, while delivering her ruling, said the accused person will serve a 1-year non-custodial sentence due to a positive report from the local administration.
“I have considered the accused person as first time offender and taken into account his mitigation, probation report recommends probation sentence based on positive sentiments from the local administration, I have also noted that the accused person is advanced in age and rehabilitation within the community is most suitable, I, therefore, sentence Kipyator to serve 1-year probation sentence,” Amboko ruled.
