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MAY V. REPUBLIC

(1979) JELR 99193 (CA)

Court of Appeal  •  Criminal Appeal 24 of 1979  •  17 Dec 1979  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

JUDGMENT

Law JA This is a second appeal by a lady who was convicted in a Resident Magistrate’s court at Nairobi on four counts charging offences under the Prevention of Cruelty to Animals Act (Cap 360). She appealed unsuccessfully to the High Court (Todd J) and now brings this second appeal to this court.

The facts are not in dispute. The appellant at all material times ran a business known as “Amber May Safaris”, and in connection with that business she owned some fifty horses, twelve mules and six zebroids which she kept on land owned or occupied by her at Nanyuki. She also kept four dogs there. Apparently the appellant left Kenya early in July, 1978, for a holiday in Europe, and returned later in the year. It is common ground that during her absence, these animals were neglected and suffered greatly. This was reported to the Kenya Society for the Protection and Care of Animals, who caused the animals to be inspected by their Nanyuki representative Colonel Harris and by the District V…

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