JUDGMENT OF THE COURT
On 9th February, 1997 the appellant, Geoffrey Mureithi Juma, was travelling as a fare paying passenger in bus registration number KAG 323H from Njoro to Mau Narok. The bus was involved in a road traffic accident near Ndeffo Farm with other motor vehicles given as registration numbers KZP 763 and KAB 053L. The impact of the accident threw the appellant from his seat to the floor and he became unconscious. He suffered injuries all over the body and was taken to Nakuru Provincial General Hospital where he remained under treatment for two weeks and on discharge he attended clinics as an out-patient for some time. The injuries are specified in the medical report prepared by Dr. Vilembwa and produced at the trial as exhibit 2.
When the matter was reported to the police, an abstract report was issued which showed that the accident involved motor vehicle registration numbers KAG 323H and KZP 763. There was no mention of motor vehicle registration number KAB 053L. The appe…