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Owili v. Republic

(1981) JELR 96341 (CA)

Court of Appeal  •  Criminal Appeal 1 of 1981  •  18 Jun 1981  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT KISUMU

( Coram: Law, Miller and Potter JJA )

CRIMINAL APPEAL NO. 1 OF 1981

BETWEEN

OWILI........................................................................................APPELLANT

AND

REPUBLIC..........................................................................RESPONDENT

JUDGMENT

The appellant was convicted by the Senior Resident Magistrate at Kisumu on a charge of driving a motor vehicle on a road without due care and attention contrary to Section 49(1) of the Traffic Act, and was fined Kshs 700. He appealed to the High Court, where his appeal was summarily rejected, but the learned first appellate judge, in the exercise of his revisionary jurisdiction, set aside the fine and substituted an order of absolute discharge, conditional upon payment of Kshs 200 towards the costs of the prosecution.

It is difficult in the circumstances to understand why the appellant saw fit, or was advised, to institute a further appeal to this Court. The appeal to the High Court…

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