Mmbururu Kioga v Republic

High Court, at Nyeri

December 17, 1982

O’Kubasu J

Criminal Appeal No 272 of 1982

Traffic law - careless driving - charge of - failure to issue a notice of intended prosecution - failure to serve - effect of - Traffic Act, Sections 49(1); 50.

The appellant was charged with and convicted of careless driving under Section 49(1) of the Traffic Act (Cap 403). He appealed on the ground that he had not been served with a notice of intended prosecution as required under Section 50 of that Act.

Held:

1. The failure to serve the appellant with a notice of intended prosecution as required by the Traffic Act (Cap 403) Section 50 was fatal to the charge. The charge of careless driving could not stand for noncompliance with the Traffic Act.

 2. In order for a conviction obtained after non-compliance with Section 50 to be quashed, it must be proved that the appellant did not contribute to the failure to comply. In this instance it was so proved.

Appeal allowed.

Cases

Greene v R [1970] EA 62 Approved & Applied

Statutes

Traffic Act (Cap 403) Sections 49(1), 50