MUSTAFA ELIMLIM EMEKWI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant herein, MUSTAFA ELIMLIM EMEKWI was arraigned before the Senior Resident Magistrate’s court at Lodwar where he was charged on one count of assault causing actual bodily harm contrary to Section 251 of the Penal Code and on a second count of indecent assault on a female contrary to Section 144(1) of the Penal code. The particulars of the offence in the first count were as follows:-

“MUSTAFA ELIMLIM EMEKWI: On the 14^th day of July 2006 at Lokitaung Trading Centre in Turkana District within Rift Valley Province unlawfully assaulted JOHN KAPUA thereby occasioning him actual bodily harm”.

The particulars of the offence in the second count were as follows:-

“MUSTAFA ELIMLIM EMEKWI: On the 29^th day of June 2006 in Turkana District within Rift Valley Province unlawfully and indecently assaulted [J.L. A] by touching her hips.”

During the trial before the learned Senior Resident Magistrate (G.M.A. Ong’ondo) the appellant kept on changing his plea but he was final…