JUDGMENT OF TUNOI, J.A.
I have had the opportunity of reading in draft the judgment of Shah, JA and I agree with him that the appeal must be dismissed.
The respondents are tailors within the City of Nairobi. Criminal charges were preferred against them that whilst engaging in tailoring business which includes cutting, stitching and other processes necessary to convert textile materials into garments failed to notify the Managing Director of Kenya Bureau of Standards of their intention to undertake manufacturing activities despite having been requested to do so by the Kenya Bureau of Standards.
It is not in dispute that the respondents conduct their business in the following manner. A customer walks into their premises and selects some textiles material of his choice. A negotiation on the price of the material ensues and once the agreement is reached, the customer stands upright and measurements are taken. The parties then agree on the required style whereupon the selected textile is remo…