WAINAINA V. REPUBLIC

JUDGMENT OF THE COURT

In January of this year, the appellant appeared at the Resident Magistrate’s Court Nakuru on seven counts of causing death by dangerous driving contrary to section 46 of the Traffic Act, cap 403, and on one count of failing to comply with the conditions of Road Service Licence contrary to section 8 (1) (c) as read with section 24 of the Transport Licensing Act, cap 404. The appellant is recorded to have replied to each of the first seven charges in these terms:

“It is true. I caused death by dangerous driving.”

To the last count, the reply according to the court record was,

“It is true I failed to comply with R S conditions”.

The recording of the replies to the charges was followed by a narration of the facts as the prosecution perceived them. The appellant’s response to the narration was:-

“It is true I admit all the facts narrated by the prosecution.”

The trial magistrate then proceeded to find the appellant guilty of the first seven counts and of the eighth count and…