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DAVID KAKAI v. REPUBLIC

(2007) JELR 97922 (CA)

Court of Appeal  •  Criminal Appeal 164 of 2006  •  15 Jun 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

David Kaikai, the appellant herein, was tried and convicted by a Senior Resident Magistrate at Kilgoris on a charge of creating a disturbance in a manner likely to cause a breach of the peace contrary to section 95(1) (b) of the Penal Code. The particulars of that charge were that on 8th September, 2004 at Osupuko Community health centre in Transmara District of the Rift Valley Province, the appellant created a disturbance in a manner likely to cause a breach of the peace by chasing Everlyne Pereso Siparo and threatening to beat her “by the fist”. Upon his conviction, the appellant was sentenced to pay a fine of Kshs5,000/- and in default to serve three months imprisonment. He appealed to the High Court and his petition of appeal to that court and which was drawn and filed by M/s Nyamweya, Osoro and Nyamweya Advocates contained a total of six grounds, namely;-

“1 The learned trial magistrate erred in law and misdirected himself fundamental (sic), in the first insta…

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