<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>We concluded the hearing of this appeal on 22nd February, 1994. Because of the numerous authorities cited to us we reserved judgment to 25th February, 1994. On 25th February, 1994, we delivered our decision under the provision of rule 32(5) of the Rules of this Court dismissing the appeal and reserved our reasons to be delivered later which we now proceed to give.</p><p>The appellant was charged and convicted by the Senior Principal Magistrate at Nakuru on a charge of causing death by dangerous driving contrary to section 46 of the Traffic Act cap 403 of the Laws of Kenya. He was sentenced to a term of imprisonment of two years. His appeal to the High Court (Nambuye, J) was dismissed. He now appeals to this Court against both the conviction and sentence on five grounds, namely:</p><p>That the learned judge erred in law and in fact:</p><p>1. In holding that the act of swerving to his right and overtaking without applying brakes timeously amounted to an act of recklessness and dangerous…</p>