1. KENYA SCHOOL OF LAW
EMMANUEL KIPKURUI
Good morning, my name is Emmanuel, and it is my pleasure to represent Mr. Mwebi on this
very important case. My client stands here falsely accused of causing grievous bodily harm to the
alleged victim, a very serious crime. At the conclusion of this case we will ask for a verdict of
not guilty.
Your Honour, this is a case about a person who acted in lawful self-defence. My client is a
gentleman who was born and raised in a farming community. He is married to one wife and has
three children. My client is a man who is always cool and collected and who believes that
shouting or blaming will never solve problems. He is a man of virtue, loyalty, integrity and
simplicity; a combination so hard to find.
January 1, 2015 began as an ordinary day in the life of my client. New Year is one of the best
and most exciting times of the year thanks to the ringing of bells, honking of horns, buzzing
cheer of people, echoing music from houses and restaurants. The day had been totally awesome.
Little did my client know that the events of the latter part of the day would change his life. Come
with me as we journey back to that momentous day in my client’s life. Come with me as we
watch the events unfold that would leave my client with a life full of uncertainties.
At 6pm, the shadows were now twice as long as themselves, the air was damp and cool smelling
faintly of the car’s exhaust fumes, the sun dipped lower in the sky until the trees that lines the
lane stood as black statues silhouetted against the darkening sky, slowly their shadows melted
away into the blackness of the night.
My client joins his friends at Bunyore Restaurant at Kawangware where they spend the evening
talking, enjoying drinks, and playing pool. At around 9.00 pm, my client engages in an
informally good conversation with one of the restaurant’s staff, Khalai and suddenly the

2. restaurant’s proprietor, Irungu, who is the alleged victim rudely interrupts and insults my client,
asking him to get lost from the scene. My client calmly draws back to his group of friends at the
pool table.
At around 10.00 pm, an “Acapella” group of artists take to the stage, and several people in the
restaurant, including my client Mwebi, join them in singing in a satirical manner. Mwebi has no
intention of annoying anyone present and all the people around the pool table seem to enjoy the
singing. Suddenly, Irungu, the alleged victim begins to run around the restaurant all the while
shouting at Mwebi, and at one point, moves towards Mwebi with the target to violently eject him
from the restaurant. He then clips Mwebi’s head when he gets within reach, grabs a pool stick
from him with great force and violence.
Irungu proceeds to break the pool stick into two, before recklessly throwing it away and turning
back to confront my client Mwebi further. It is at this point that he stumbles upon Mwebi’s
wrath. While holding a beer glass, Mwebi punches out hard outwards, smashing Irungu’s face on
impact.
Your Honour, the prosecution has explained that five witnesses saw my client smash the alleged
victim’s face. However, what the prosecutor did not say is that the alleged victim had actually
threatened to use violence against my client.
Your Honour, the defence will call four witnesses to the stand. First will be Mr. Siasa who will
testify that he observed my client on the night of the altercation, and Mr. Siasa will testify that
my client apprehended an attack, and only punched the alleged victim after he was threatened.
The witness will show that my client acted in self defence and used reasonable force to prevent
an attack.
Secondly, we will call Mr. Soba to stand to testify that the alleged victim’s actions were
disproportionate to any need to restore order and that he alleged victim’s aggression towards my
client was selective, intimidating and deliberate because my client was singled out from among a
group of people who had joined the artists in singing.
Thirdly we will call Mr. Aiwitnes to stand to testify that he observed my client on the night of
the altercation and Mr. Aiwitness will testify that my client was unable to retreat from the assault

3. since he was so close to the pool table with a force down of people around him and that in his
considered and objective opinion, my client did not intend to cause harm.
Lastly, we will call Dr. Tiba to stand to testify that he was employed as an emergency room
physician on the night of the incident. Dr. Tiba will testify he treated the Irungu the alleged
victim and that Irungu was highly intoxicated when he was brought into the emergency room.
If your honour, we show you all of this, you will be able to say, before leaving your seat that
there is nothing to warrant you in pronouncing my client guilty.