Charles Gichango Wanjohi v Republic [2015] KEHC 1799 (KLR)

Facts

The appellant was charged with malicious damage to property and interference with boundary features. The complainant alleged the appellant damaged fencing and removed boundary posts.

Issues

1. Whether the learned magistrate erred in law and fact in disregarding the appellant’s defense regarding the settled boundary dispute.
2. Whether the learned magistrate erred in law and fact in failing to appreciate the relevance of documentary evidence.
3. Whether the learned magistrate erred in law and fact in finding the removal of boundary features to be malicious.
4. Whether the learned magistrate erred in law and fact in finding the accused to be present and involved in the alleged offences.

Reasoning

The learned magistrate misdirected herself on the evidence regarding the boundary dispute and the establishment of boundary features.

Outcome

Appeal allowed, conviction and sentences quashed

Authorities cited