SAYYID AHMED MOHAMED V. REPUBLIC

JUDGMENT

The appellant was jointly charged and convicted with another before the Resident Magistrate’s Court at Kwale with the offence of giving false information to a person employed in the public service contrary to section 129 (a) of the Penal Code. He was convicted and sentenced to 8 months imprisonment. On appeal to the Superior Court his appeal against conviction was dismissed but the sentence was reduced to a fine of Kshs 1,100/= and in default one month imprisonment. That precipitated this appeal on three grounds which are summarised as under:-

1. That the learned Judge having expressed doubt about the case failed to allow the appeal,

2. That the learned Judge failed to consider the evidence by the prosecution separately as against each appellant,

3. That the learned Judge erred in law in failing to find that the appellant did not give false information to Amons Mathias Mgenyi (PW 6).

Mr Gakuhi for the appellant complained in ground 3 that the evidence that was adduced by the compl…