JUDGMENT
This is a second appeal from the judgment of the High Court of Kenya at Nairobi (Ngenye-Macharia, J.) dated 11th April 2018 in Nairobi HCCRA No. 124 of 2016. The appellant was charged before the Chief Magistrate’s Court at Makadara with creating disturbance in a manner likely to cause a breach of peace contrary to Section 95 (1) of the Penal Code. The particulars were that on 27th March 2014, at Immigration Office Jomo Kenyatta International Airport, the appellant created disturbance by bringing commotion to one Mr Kaunda, duty officer Immigration, with the intention of forcibly taking away one Siraj Abdille Telow, a passenger who had been held by immigration officers for interrogation.
The appellant was also charged with entering a security area and committing an offence contrary to Regulation 56 of Legal Notice No. 89 of 2008 of the Civil Aviation Act. The particulars were that on 27th March 2014 at the staff entrance of Jomo Kenyatta International Airport, the appellant acce…