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Mwangi v. RepublicDaniel Karanja Mwangi v. Republic

(1987) JELR 102928 (CA)

Court of Appeal  •  Criminal Appeal 22 of 1987  •  19 Oct 1987  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Fred Kwasi Apaloo

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: NYARANGI, GACHUHI and APALOO JJA)

CRIMINAL APPEAL NO 22 OF 1987

MWANGI .........................APPELLANTS

VERSUS

REPUBLIC......................RESPONDENT

JUDGMENT

On September 18, 1987 we allowed an appeal from the judgment of the High Court which dismissed an appeal from the conviction of the appellant of the offence of causing obstruction contrary to section 53(1) of the Traffic Act by the District Magistrate, Narok. We indicated that we would give our reason later. This we now do.

There was no controversy about the facts. Taking the prosecution’s case together with the unchallenged explanation of the appellant, the facts are these: On February 17, 1986, the appellant was driving an Isuzu lorry No KXA 584 along the Narok – Nairobi road in the direction of Nairobi. On reaching a place called Suswa, two of his tyres went flat. The vehicle thus became immobile. According to the prosecution, the vehicle lay “across the road”.

In order to warn approaching…

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