A man who peeled his neighbour's penis using a panga has been found guilty of causing grievous harm.
In his judgment, Mpeketoni Resident Magistrate Pascal Nabwana said that his court had established a prima- facie case ( case beyond reasonable doubt) that John Gachahi attacked the complainant and that the act was premeditated.
"Accordingly and by dint of section 215 of the Criminal Procedure Code (CPC) 75 of the law of Kenya, the accused is convicted for the offence of grievous harm. From the foregoing, there is absolutely no doubt that the harm inflicted on the complainant was grievous as it seriously injured the complainant at health and he had to undergo reconstructive surgery to graft back his penile skin to the court. It's an extremely serious injury, " Nabwana read.
The magistrate, who termed the act as callous, evil, bizarre and of brutal manner, noted that Gachahi had promised to get a panga to settle a quarrel he had with the victim.
"Taking time to peel off the penile skin of an unconscious victim is truly the height of barbarism," Nabwana said.
Nabwana noted that according to the victim's testimony, on August 18, 2020, at Lake Amu area in Mpeketoni in Lamu West sub-county, the suspect met the victim and unprovoked began shouting 'nitakuua' then proceeded to cut the complainant on the head, left hand and left leg. The complainant fell down unconscious.
"The court heard that the accused proceeded to remove his jeans trouser (while unconscious). By the time he regained consciousness, he was soaked in blood. He then summoned all the energy he had and dragged himself home where he was rushed to hospital," he noted.
According to a clinical officer, Musyoki Kalinga, who testified in the matter informed the court that, the injuries sustained on the victim's penis required him to be referred to the coast General hospital in Mombasa as the entire skin on his penis had come off and required plastic surgery.
The suspect will be sentenced on March 7, this year.