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…