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 traffic, the appellant placed green branches on the road. At about 5.30 am, another Isuzu lorry, No KVG 762 ran into the disable vehicle. The appellant said it was driven at speed and ignor…