IN THE COURT OF APPEAL FOR EAST AFRICA
AT NATROBI
(Coram: Sir James Wicks CJ, Miller and Potter JJ A)
CRIMINAL APPEAL NO 64 OF 1979
BETWEEN
REPUBLIC.................................................APPELLANT
AND
ZAKARIA SHILISIA AGWEYU.................RESPONDENT
(Appeal against the decision of Cotran J in High Court Criminal Appeal No 647 of 1979 on 12th October 1979)
JUDGMENTOF THE COURT
The respondent was convicted by the Senior Resident Magistrate, Kisumu, on a charge of corruption, contrary to section 3(1) of the Prevention of Corruption Act. His appeal to the High Court was allowed, the conviction being quashed and the sentence set aside. The Republic appeals to this Court, asking that the decision of the High Court be set aside and that of the Senior Resident Magistrate be restored.
The respondent was District Magistrate III at Maseno District Magistrates’ Court. Adipo Obama, a man aged about 80 years, filed a civil case (No 9 of 1979) in the Maseno District Magistrates’ Court. On 12th June…