MICHAEL KARIUKI MBARIA V. REPUBLIC

JUDGMENT

The charge and particulars of offence which led to this appeal read as follows:-

“Allowing goods intended for illegal importation to be placed on a board of a motor vehicle for conveyance, contrary to section 184(b) as read with section 184(c)(iii) of the Customs and Excise Act (cap 472) Laws of Kenya”. “3. Michael Kariuki Mbaria: on the 23rd day of March, 1983, at Ataba-Oburi village, along Kenya-Uganda border, in Kolanya sub-location, in north Teso Location in Busia District within the Western Province being in charge of Motor Vehicle registration number KLR 689 make Peugeot pick-up as driver and owner respectively, allowed goods unlawfully imported to wit 54 ladies’ coats 286 gents’ coats and 95 long trousers to be conveyed in the said motor vehicle”.

The record shows that when this charge was read and explained to the appellant he replied:

"The motor vehicle was mine. I was the driver, I allowed goods in question to be conveyed on the same motor vehicle”.

The prosecutor then n…