IN THE COURT OF APPEAL
AT NYERI
(Coram: Hancox JA , Chesoni and Nyarangi Ag JJA)
CRIMINAL APPEAL NO 128 OF 1983
Between
MWAU .................................................APPELLANT
AND
REPUBLIC........................................RESPONDENT
(Appeal from the High Court at Nyeri, Patel J)
JUDGMENT OF COURT
The appellant, who was a Senior Staff Instructor at the Police College at Kiganjo, was charged before the Senior Resident Magistrate at Nyeri with unlawful trespass within the college, contrary to section 3(1) of the Trespass Act cap 294, and with disorderly conduct in a police building contrary to section 60(1) of the Police Act, cap 84. He was at that stage represented by Mr Kioko, who challenged the validity of the charges and invited the court to reject them under section 89 (5) of the Criminal Procedure Code. The magistrate, in a reserved ruling, disallowed the objection, stating that the charges were not bad on the face of them, but that it would depend on the evidence as to whether…