Five men who assaulted neighbor sentenced to 20 years in prison

Nyeri Magistrate's court has sentenced five men to 20 years imprisonment for assaulting their neighbour after they disagreed.

Nyeri Senior Resident Magistrate Mercyline Lubia convicted John Ritho, John Muthoni, Paul Kiboi, Evans Mutitu, and Kennedy Wachira after finding them guilty of causing grievous harm to John Gichuki.

According to the court documents, on November 17, 2019, at Kiaragana village in Kieni, Nyeri county the five assaulted Gichuki after a disagreement with one of them at a local pub.

According to Gichuki's testimony, the men attacked him at 9.00 pm as he was leaving the pub.

“I knew them for several years as we lived in the same area, they kicked and punched me,” he said.

He testified that Mutitu struck him with a metal rod, he lost balance, fell to the ground and fractured his hand.

Gichuki told the court that before the attack he had an altercation with Ritho at Nduriri pub.

"John Ritho had a mason hammer and used it to hit me on the head, I lost consciousness. I woke up at Outspan Hospital but I was informed that after the incident, I was first taken to Mathari Hospital. I underwent a head surgery and was discharged on January 31, 2020 and followed the matter at the Kiawara Police Station,” he said.

Investigating officer, James Njoka testified that he recorded the statement one year after the incident.

Dr William Muriuki from Nyeri County Referral Hospital testified that he examined the complainant about five months after the incident.

“I used the notes from Outspan Hospital to prepare the P3 form but he did not retain the notes, the degree of the injury was of grievous harm,” he stated.

The magistrate observed that Gichuki gave an account of how the assault occurred and evidence was corroborated by Dr Muriuki who stated that the complainant suffered injuries as a result of the assault.

Prosecutor Leonard Kilinyet told the court that the complainant was willing to settle the matter out of court.

"I pray that any compensation be done to the victim who is in court. He had a sitting and agreed with accused person's family that they would compensate him,” the prosecutor observed.

Gichuki said he reached an agreement with the family of the accused representatives at the chief's office to have him compensated.

“We had an agreement with the family representatives that they compensate me Sh800,000 for my medical bills incurred after the incident,” he said.

However, the accused persons disagreed with the complainant's request and prayed that the court proceed to deliver the ruling.

While delivering the judgment the magistrate said: “I empathise with the families of the accused persons, they indeed stand to suffer as a result of the heinous crime suffered by the complainant.”

“Similarly, taking into account the serious injuries inflicted on the complaint, each one of the accused persons is sentenced to 20 years’ imprisonment. The sentence shall run from April 2, 2024, when the judgment was delivered,” Lubia ruled.