[2018] KEHC 8552 (KLR)
The court found that the prosecution failed to prove the offence of causing obstruction as charged because there was no evidence from the prosecution witnesses, particularly PW1, confirming that the appellant's vehicle was stopped in the middle of the road as alleged. The absence of such evidence meant that the...
Source-derived case information.
- Citation
- [2018] KEHC 8552 (KLR)
- Parties
- Appellant: Daniel Gathemba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 175 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction and sentence set aside
- Legal Topics
- Traffic Offences, Causing Obstruction, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Gathemba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant caused obstruction contrary to section 53(1) of the Traffic Act.
- 2 Whether the prosecution proved the offence beyond reasonable doubt.
Ratio Decidendi
The court found that the prosecution failed to prove the offence of causing obstruction as charged because there was no evidence from the prosecution witnesses, particularly PW1, confirming that the appellant's vehicle was stopped in the middle of the road as alleged. The absence of such evidence meant that the particulars of the charge were not established beyond reasonable doubt. Consequently, the conviction could not stand and the sentence imposed was set aside.
Court Disposition
appeal allowed; conviction and sentence set aside
Orders
- The appeal is allowed.
- The conviction and sentence are set aside.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KIAMBU
CRIMINAL APPEAL NO. 175 OF 2016
BETWEEN
DANIEL GATHEMBA …………................................................... APPELLANT
AND
REPUBLIC …........................................................................... RESPONDENT
(Being an appeal against the original conviction and sentence dated 2nd December 2016 in Traffic Case No. 689 of 2015 at Kiambu Chief Magistrates Court before Hon.S. Atambo, PM)
JUDGMENT
The appellant was charged with the offence of causing obstruction contrary to section 53(1) of the Traffic Act (Chapter 403 of the Laws of Kenya). The particulars of the offence are that on 12th October 2015 at around 9. 30 Pm along Kiambu – Nairobi road the appellant being the driver of motor vehicle registration No. KCA 356K, Isuzu Minibus did cause obstruction by stopping the said motor vehicle in the middle of the road in order to pick passenger which was dangerous to other road users.
The particulars of the charge stated that the vehicle was in the middle of the road. No such evidence emerged from PW1. He did not state where the vehicle was in the middle of the road in accordance with the charge.
The offence was not proved. Accordingly, I allow the appeal set aside the conviction and sentence. The appellant shall be refunded the fine.
DATED and DELIVERED at KIAMBU this 13th day of February 2018.
D.S. MAJANJA
JUDGE
Ms Chepngeno, Advocate for the appellant.
Mr Kinyanjui, Prosecution Counsel, instructed by the Director of Public Prosecutions for the respondent.