SAMUEL MUIGAI MBOGO v REPUBLIC [2006] KEHC 2433 (KLR)

Facts

The appellant, Samuel Muigai Mbogo, was charged with creating disturbance in a manner likely to cause a breach of the peace and giving false information to a person employed in the public service. The appellant allegedly abused Monica Wambui Mwangi and informed a police officer that she chased him with an axe.

Issues

1. Whether the words allegedly uttered against the complainant were capable of establishing the offence created by Section 95(1) of the Penal Code.
2. Whether the learned trial magistrate erred in finding that the appellant was an untruthful witness.
3. Whether the learned trial magistrate erred in finding that an offence of giving false information to a person employed in public service had been established.
4. Whether the learned trial magistrate erred in failing to consider the evidence of PW2, PW3, and PW4.
5. Whether the learned trial magistrate misdirected himself on the legal requirements necessary to establish the appellant’s case beyond reasonable doubt.

Reasoning

The learned trial magistrate erred in law in holding that the appellant was guilty of creating disturbance in a manner likely to cause a breach of the peace. The prosecution failed to prove the second count of giving false information to a person employed in the public service.

Outcome

Appeal allowed, conviction quashed, sentence set aside

Authorities cited