Offence of assault in the Kenyan context

2.  WHAT IS ASSAULT?
- In common law, assault is the act of
creating apprehension of an imminent
harmful or offensive contact with a
person.
- It is the intentional application of force
to the person of another directly or
indirectly.

3.  It is an offence created and is divided
into various categories that are found
in the Penal Code in section 250-
253
 The difference between assault and
battery is:
- battery is committed where force is
applied on the complainant, whereas,
assault is where battery is actually
threatened.

4.  Exceptions to Assault (what cannot be termed as
- assault)
1. Mere words do not amount to assault
Rex v Peter Mburungu [1947] 22(2) KRL 62 – they
are only relevant where they accompany an act
indicating an intention to use force against another.
Opar v republic - the appellent tried to cut the
complainant with a panga and was convicted of
threatening to injure; however, on appeal it was
held that the offence was not proved. It was held
that the facts established the offence of common
assault.
Rex v Gaturo s/o Njau – there must be some
threatening act: pointing of a gun, aiming with an
arrow on the bow, picking a stone to throw at the
complainant e.t.c

5. Defences
 Provocation is not a defence, unless it
is it is not unlawful Menezes v
Republic [1975] EA 209 – where the
appellant mistakenly believed that the
complainant, with whom they had had
an altercation, was assaulting him with
a knife. It was held that it is
reasonable for an unarmed person to
knock down an attacker with a knife.
 Mark Mwithaga v Republic