ZEPHANIA OLANG' KIYANA V. REPUBLIC

JUDGMENT

July 14, 1989 the following Judgment of the Court was delivered.

Section 67 (b) (ii) of the Kenya Railways Corporation Act, Chapter 397 of the Laws of Kenya, the Act, provides that:

“Any person who being on any premises occupied by the corporation or upon any train, vessel or vehicle of the corporation is in a state of intoxication or behaves in a violent or offensive manner to the annoyance of any other person shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both.

Zephania Olang’ Kiyana, the appellant, was charged in the court of first instance with the offence of being in a state of intoxication contrary to section 67 (b) (ii) of the Act the particulars whereof read as follows:

“On the 30th day of October, 1986 at about 6.10 p.m. at Nairobi Railways Station, within Nairobi area, being a guard of BO5 Nairobi/Kisumu passenger train, was found in state of intoxication while on du…