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Paper House of Kenya Limited v. Republic

(2014) JELR 98425 (CA)

Court of Appeal  •  Criminal Appeal 468 of 2007  •  21 Mar 2014  •  Kenya

John Wycliffe Mwera, Paul Kihara Kariuki, Jamila Mohammed



This appeal followed a decision of the High Court (Makhandia, J., as he then was) made on 6th November, 2006 upholding the conviction and sentence handed down by the Subordinate Court of the First Class Magistrate Court at City Hall, Nairobi (Hon. L. Mutende , P.M. as she then was).

The proceedings in the subordinate court commenced when the Public Health Department of the then City Council of Nairobi, now a County, issued a 21 - day notice to the appellant to provide for, observe or maintain on its business premises along Lunga Lunga Road Nairobi, conditions listed in the notice in the interest of public health. The notice dated 8th June, 2004 warned the appellant that failure to attend to the thirteen defects, otherwise said to be constituting a nuisance, could lead to its prosecution under the Public Health Act. The conditions to be rectified included repairs to the leaking kitchen roof, providing formica or stainless steel finish to the kitchen equipment, maint…

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