Customer Support

MWANGI RURII
V.
REPUBLIC

(1994) JELR 104498 (CA)

Court of Appeal 29 Jul 1994 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 12 of 1994
Judges:Philip Kiptoo Tunoi JA Abdul Majid Cockar JA John Mwangi Gachuhi JA
Location:Nakuru
Other Citations:Mwangi Rurii v. Republic [1994] eKLR

JUDGMENT OF THE COURT

We concluded the hearing of this appeal on 22nd February, 1994. Because of the numerous authorities cited to us we reserved judgment to 25th February, 1994. On 25th February, 1994, we delivered our decision under the provision of rule 32(5) of the Rules of this Court dismissing the appeal and reserved our reasons to be delivered later which we now proceed to give.

The appellant was charged and convicted by the Senior Principal Magistrate at Nakuru on a charge of causing death by dangerous driving contrary to section 46 of the Traffic Act cap 403 of the Laws of Kenya. He was sentenced to a term of imprisonment of two years. His appeal to the High Court (Nambuye, J) was dismissed. He now appeals to this Court against both the conviction and sentence on five grounds, namely:

That the learned judge erred in law and in fact:

1. In holding that the act of swerving to his right and overtaking without applying brakes timeously amounted to an act of recklessness and dangerous…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.