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Timothy Orwenyo Missiani v. Republic

(1979) JELR 94165 (CA)

Court of Appeal  •  Criminal Appeal 39 of 1979  •  2 Nov 1979  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL AT NAIROBI

(Coram: Law, Miller and Potter JJ A)

CRIMINAL APPEAL NO 39 OF 1979

BETWEEN

TIMOTHY ORWENYO MISSIANI ................APPELLANT

AND

REPUBLIC.................................................RESPONDENT

JUDGMENT

The appellant was convicted in the traffic Court, at Nairobi, on a count of causing death by dangerous driving, contrary to section 46 of the Traffic Act. The facts of the case were, briefly, that on 15th February 1978 a car driven by the appellant left the roadway and struck a little girl on the murram side-walk on the near side of the road, causing her serious injuries from which she died shortly afterwards. The appellants’ case was that the girl ran across the road in front of his car; that he swerved to his left and braked but was unable to avoid striking her. The trial magistrate preferred the evidence of two eye-witnesses that the girl had safely crossed the tarmac and was standing some 3 feet from the edge of the road on the verge when the car, for …

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