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Moses Rafiki Kazungu v. Republic

(2015) JELR 98895 (CA)

Court of Appeal  •  Criminal Appeal 89 of 2014  •  12 Mar 2015  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

On the 28th June, 2013, Moses Rafiki Kazungu “the appellant” was arraigned before the Principal Magistrate’s Court at Kilifi for the offence of causing death by dangerous driving contrary to section 46 of the Traffic Act. The particulars of the offence were that:

“Moses Rafiki Kazungu, on the 14th day of June, 2013 at about 11.30 a.m., at Mtondia along Kilifi-Malindi road, Kilifi County being a driver of a motor vehicle Registration Number KAH 397 C Nissan Matatu did drive the said motor vehicle on the said road recklessly at a speed or in a manner which was dangerous to the public or by leaving any vehicle on a road in such position or in a manner or in such a condition as to be dangerous to the public having regard to all the circumstances of the case including the nature condition and use of the road and the amount of traffic which is at the time or which might reasonably be expected to be on the road in that you reversed the said motor vehicle and knocked down…

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