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JUDGMENT
On 6th April, 1987, Dr Odhiambo Olel (the appellant), who is a doctor of medicine and was at the time of his arrest employed by the Kisumu municipality, was taken before the Chief Magistrate charged with the offence of being a member of an unlawful society contrary to section 6 (a) of the Societies Act (cap 108 ). The particulars of the offence alleged that between 1977 and 20th March, 1987, the appellant was a member of an unlawful society called “Mwakenya”. When called upon to plead, the appellant, who was unrepresented, admitted the charge. The Chief Magistrate entered a plea of guilty, and Mr Chunga, who was the prosecutor, outlined the facts. He gave particulars of the appellant’s education and his alleged involvement with Mwakenya laying emphasis on the fact that it was a cladenstine organization which was not registered. The appellant admitted all the facts. He was then convicted and sentenced to 5 years imprisonment.
The appellant appealed to the superior court against …