Ex-Laikipia North MP Mathew Lempurkel has been sentenced to one year imprisonment for assaulting current MP Sarah Korere.
He has been sentenced by Magistrate Hellen Onkwani who sat at Milimani Law Courts today.
While delivering the judgement in a case that has been in court for 5 years, Onkwani said that she has considered the rising cases of violence within the country and also the fact that Lemprukel is a leader who should be a good example to other Kenyans.
Lempurkel was charged with assault causing actual bodily harm contrary to sections 251 of the penal code. He was charged on November 26, 2016.
Lemprukel was accused that on November 21, 2016 at Harambee House in Nairobi County within the Republic of Kenya, willfully and unlawfully assaulted Sarah Korere by slapping her on the left cheek and kicked her on the lower abdomen thereby occasioning her actual bodily harm.
“I have considered the fact that the accused who had claimed during the hearing to have been assaulted by Korere failed to produce the medical documents indicating where he was assaulted,” She added.
The magistrate noted that the accused person’s defense is a mere denial because he even failed to return the p3 form in submissions when he was required to do so.
During the ruling, Onkwani added that the prosecution have proved their case beyond reasonable doubt and the accused is guilty as charged and there convicted him.
She added that she has received the Investigation report from both parties and that the convict had been given an opportunity to defend himself.
“Proper investigations were conducted and each party was accorded equal opportunity to present their case, I find that the issues raised by the accused in submission in polite rivalry were not raised in submissions, “she added.
Onkwani added that the defense raised the issue of the CCTV and it is on record that the board room where the offense was committed had no CCTV and the CCTV was in the corridor.
“The offense was committed in the boardroom and not in the corridor and as such the said would have been immaterial and improperly considered in this case, “she added.
She added that having said so the prosecution has discharged its duty in proving its case beyond reasonable doubt.
“The accused is found as guilty as charged for the offense of assault causing gracious harm. Accused person’s defense is a mere denial. He is therefore convicted as per the provisions of sec 215 of the criminal procedure code cap 75,”ruled Onkwani.
Lawyer Kanchori for the accused in mitigation said his client has been in court for 5 years and has cooperated with the court.
He added that the court should consider non-custodial sentences.“Having considered the value and nature of the offense and the rising cases of violence in the country. I have also considered the fact that the accused is a fast offender. I note from the record and mitigation that the accused is a leader who should be an example to others and I also note that the accused is a first offender. I hereby proceed to sente
