<p class="ql-align-justify">JUDGMENT</p><p class="ql-align-justify">On May 14, 1982 the appellant was charged before the senior resident magistrate, Meru with the offence of willfully and unlawfully damaging property contrary to section 339(1) of the Penal Code (cap 63). He pleaded not guilty and according to the proceedings before the senior resident magistrate was released on bond of Kshs 5,000 on his own undertaking not to go to the material property before the trial. The bond was subsequently extended to the 20th day of July 1982 when the court prosecutor extended to the 20th day of July 1982 when the court prosecutor told the court that notwithstanding the undertaking the appellant went to the shamba with other persons on the 18th day of May 1982 to survey the land. The advocate then appearing for the appellant told the court in reply that the parties had agreed to seek reconciliation and that they had discussed and decided that the complaint would show the appellant.</p><p class="ql-align-justify"><em>“The other side and the accused will be shown the place where to put up …</em></p>