<p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">July 14, 1989 the following Judgment of the Court was delivered.</p><p class="ql-align-justify">Section 67 (b) (ii) of the Kenya Railways Corporation Act, Chapter 397 of the Laws of Kenya, the Act, provides that:</p><p class="ql-align-justify">“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.</p><p class="ql-align-justify">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:</p><p class="ql-align-justify">“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…</p>