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.

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.

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

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