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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 amounted to no more than a complaint that the conviction was against the weight of evidence, except for one ground stated as follows:
“The learned Senior Resident Magistrate erred in law in not observing the provisions of Section 77(2)(c) and (d) of the Constitution of Kenya.”
In our view, such a grou…