JASON AKUMU YONGO V. REPUBLIC

CHESONI AG JA:

The appellant was convicted of creating a disturbance in a manner likely to cause a breach of the peace contrary to Section 95(1) of the Penal Code and sentenced to six months’ imprisonment. There are seven grounds of appeal but we shall deal with only two, ie grounds 5 and 6 which in effect raise the same point of law, namely that the trial magistrate erred in amending the original charge. The particulars of the original charge were as follows:

Jason Akumu Yongo: On August 1, 1982 at Garissa Township in Garissa District within the North Eastern Province, created a disturbance in a manner likely to cause a breach of the peace by saying that Moi’s Government is finished and he will not come back to power’. [Emphasis is ours]

There was only prosecution key witnesses Robert Wanyonyo (PW 1) who said that he heard the appellant say on August 1, 1982, that ‘no, we need a change in the Government’. When Simon Shabande (PW 2) testified he said the Robert told him that the appellan…