ISAAC ANYULA KHATETE V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was arraigned before the magistrate’s court and charged with creating a disturbance in a manner likely to cause a breach of the peace contrary to Section 95 (1) (b) of the Penal Code. The particulars were that on the 16^th day of April 2012 at Malaba Estate in Kakamega Township, Kakamega Municipality in Kakamega Central District within Western Province, he created a disturbance in a manner likely to cause a breach of peace by chasing Chrispinus Odhiambo Oluoch out of his rental house plot while being armed with a panga and stones.

The prosecution case was grounded inter alia on the testimony of PW1 Chrispinus Odhiambo; PW2 Saumu Odhiambo and PW3 Robert Onyango Ngeja.

PW1 testified that on 16^th April 2012 at around 3.10 pm while at work as a mechanic he received a call from his wife, PW2, who informed him that the appellant (their neighbour) was forcing them to vacate the garden. He went home and found the appellant at the boundary between their houses. …