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JOSEPH WARUINGE NJENGA V. REPUBLIC

(1980) JELR 105153 (CA)

Court of Appeal  •  Criminal Appeal 69 of 1980  •  26 Mar 1980  •  Kenya

Coram
Edward Trevelyan, Zakayo Richard Chesoni

Judgement

REPUBLIC OF KENYA

IN THE HIGH COURT OF NAIROBI

CRIMINAL APPEAL NO 69 OF 1980

JOSEPH WARUINGE NJENGA.....................APPELLANT

VERSUS

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

( Appeal against his conviction and sentence at the Senior Resident Magistrates’ Court, Nairobi, in Criminal Case No 1923 of 1979)

JUDGMENT

Section 243 of the Penal Code provides for various offences contained in eight paragraphs, the third of which (paragraph (c)) reads:

Any person who, in a manner so rash or negligent as to endanger human life or to be likely to cause harm to any other person- ... (c) does any act with fire or any combustible matter, or omits to take precautions against any probable danger from any fire or any combustible matter in his possession; ... is guilty of a misdemeanour.

and, drawing on this provision, the prosecution charged the appellant as follows:

Charge. Reckless and negligent acts, contrary to section 243 (c) of the Penal Code. Particulars of offence. Joseph Waru…

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