Customer Support

ZEPHANIA OLANG' KIYANA
V.
REPUBLIC

(1989) JELR 104636 (CA)

Court of Appeal 14 Jul 1989 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 2 of 1988
Judges:Johnson Evan Gicheru, Richard Otieno Kwach, Joseph Raymond Otieno Masime
Location:Nairobi
Other Citations:Kiyana v. Republic[1989]eKLR

JUDGMENT

July 14, 1989 the following Judgment of the Court was delivered.

Section 67 (b) (ii) of the Kenya Railways Corporation Act, Chapter 397 of the Laws of Kenya, the Act, provides that:

“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.

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:

“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…

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.