Customer Support

OWILI
V.
REPUBLIC

(1981) JELR 96341 (CA)

Court of Appeal 18 Jun 1981 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 1 of 1981
Judges:Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter
Location:Kisumu
Other Citations:Owili v. Republic [1981] eKLR

JUDGMENT

The appellant was convicted by the Senior Resident Magistrate at Kisumu on a charge of driving a motor vehicle on a road without due care and attention contrary to Section 49(1) of the Traffic Act, and was fined Kshs 700. He appealed to the High Court, where his appeal was summarily rejected, but the learned first appellate judge, in the exercise of his revisionary jurisdiction, set aside the fine and substituted an order of absolute discharge, conditional upon payment of Kshs 200 towards the costs of the prosecution.

It is difficult in the circumstances to understand why the appellant saw fit, or was advised, to institute a further appeal to this Court. The appeal to the High Court amounted to no more than a complaint that the conviction was against the weight of evidence, except for one ground stated as follows:

“The learned Senior Resident Magistrate erred in law in not observing the provisions of Section 77(2)(c) and (d) of the Constitution of Kenya.”

In our view, such a grou…

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.