JASON AKUMU YONGO V. REPUBLIC

IN THE COURT OF APPEAL

AT NAIROBI

( Coram:Potter, Hancox JJA and Chesoni Ag JA )

CRIMINAL APPEAL NO. 1 OF 1983

BETWEEN

JASON AKUMU YONGO......................................................................APPELLANT

AND

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

JUDGMENT

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 (cap 63) 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 Gove…