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 they were established or not.
The prosecution then tendered a written nolle prosequi signed by Mr Metho, the Provincial State Counsel for Central and Eastern provinces at the material time, who is one of the holders of the offices specified in Legal Notice 54 of 1969. This was made un…