Explainer: Why police can charge Homa Bay nun seen slapping colleague in viral video

A video clip showing a nun in Homa Bay slapping her colleague in front of workers has gone viral on social media and sparked conversations among Kenyans.

Many people are wondering if police can take action even when the person who was slapped does not go to the police station to make a formal complaint.

It is a question that touches both the law and the realities of how justice is carried out in Kenya.

For most Kenyans who have watched the video, the incident felt shocking, but the real debate now is whether the police can step in on their own.

What the law says on assault in Kenya

Under the Penal Code of Kenya, assault is defined as the unlawful application of force on another person.

This means that even a slap, without causing any serious injury, is still treated as a criminal offence.

The law is obvious that assault is punishable and that nobody is allowed to use force on another person without justification.

Police officers have the power to begin investigations on their own once they become aware that an offence has taken place.

In legal terms, this is called acting on their own motion. In simple terms, if the police have evidence of a crime, they do not need to wait for a complaint.

A viral video that clearly shows the act can therefore be enough to make police begin the process.

The law treats assault not only as an offence against the individual who has been harmed, but also as an offence against the state.

This means that once police are informed or become aware, they are duty-bound to look into it. In fact, police are expected to investigate, gather evidence, and, where possible, take the suspect to court so that justice is seen to be done.

That is why cases like the Homa Bay nun video become important. Even if the nun’s colleague does not immediately go to the station to record a statement, the police are not powerless.

They can still collect evidence, such as the video, and seek witness accounts from those who were present.

Why the complainant is still essential in practice

While the law gives police powers to act without waiting for a complainant, in reality, it often works differently.

In practice, most assault cases only go far when the person who was assaulted makes a formal report and is ready to testify. The victim is usually the main witness, and without their statement, the case may not stand in court.

The truth is that even an apparent video still needs to be supported by witness testimony. If the victim decides not to cooperate, police may face a challenge in presenting a strong case before the magistrate.

Without the voice of the person who was assaulted, the story may appear incomplete.

There are, however, rare situations where police can still move forward. If the video is apparent and independent witnesses are willing to testify, then the matter can proceed. Such cases are not common, but they show that justice can still be achieved if other forms of evidence are strong enough.

For Kenyans following this story, it is crucial to understand that the police do not always require the victim to take action.

But the reality is that the cooperation of the person assaulted is almost always critical.

A lesson for Kenyans

This viral clip has opened the eyes of many Kenyans about how the law on assault works.

It has been shown that violence, even when it looks small, is still taken seriously under the law. It has also reminded the public that video recordings are powerful pieces of evidence in today’s world.

At the same time, it has shown that the justice system still values the voice of the victim. Police may have the power to bring charges, but courts usually need that personal testimony to build a strong case.

For now, Kenyans continue to debate the Homa Bay incident. Some argue that the matter should be solved through dialogue and forgiveness, while others insist that police should act to set an example.

What is clear is that the law provides room for action, and how far that action goes may depend on the courage and cooperation of the person who was assaulted.

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