JUDGMENT OF THE COURT
The appellant, Paul Kobia M’Ibaya, was tried by the District Magistrate Tigania, Meru for the offence of careless driving contrary to section 49(1) of the Traffic Act. The particulars of the offence stated thus:
“On 11th day of August 1999 at about 7.45 a.m. along Mikinduri Miathene Road being the driver of motor vehicle registration No. KPZ 781 L/Rover drove the said vehicle without due care and attention.”
The appellant was acquitted of the offence after trial. Thereafter, the Attorney General appealed to the High Court, Meru, in Criminal Appeal No. 9 of 2000 against the acquittal. The appeal by the Attorney General was based on three grounds namely:
“1. The trial magistrate erred in law in that he failed to find that the prosecution had properly discharged its burden of proof as required by the law and thereby acquitted the respondent.
2. The trial magistrate erred in law in that he never analysed the prosecution’s evidence, instead he analysed defence evidence and…