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(1984) JELR 94375 (CA)

Court of Appeal  •  crim app 96 of 82  •  13 Jan 1984  •  Kenya

Zakayo Richard Chesoni JA James Onyiego Nyarangi JA Alister Arthur Kneller JA



The appellant was convicted by the First Class District Magistrate (Nyeri) on three counts:

1. Causing death by dangerous driving contrary to Section 46 of the Traffic Act (Cap 403).

2. Driving a motor vehicle on the road under the influence of drinks or drugs contrary to Section 44(1) of the Traffic Act (Cap 403).

3. Failing to stop after an accident contrary to Section 73(1) of the Traffic Act (Cap 403). On count one the appellant was sentenced to two years’ imprisonment; on count two he was fined Kshs 1,000 in default six months’ imprisonment and on count three he was fined Kshs 300 in default three months’ imprisonment. The appellant was also disqualified from obtaining or possessing a driving licence for five years.

There are seven grounds of appeal:

1. The learned District Magistrate erred in law in holding that the appellant drove motor lorry registration No 12 KA 27 in a dangerous manner.

2. The learned District Magistrate erred in law in convicting the appellant on driving…

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