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…313 of the Penal Code) theCourt of Criminal Appeal had this to say; at page 807: “Dishonesty is not per se a criminal offence: and the point that has been argued before us and which is the subject of the deputy chairman’s certificate…

…DL 567 and Certificate of Occupation was issued on 30/5/2001. On 8/12/2000 Survey of Kenya accorded change of user to the Petrol Station and Ministry of Roads and Public Works accorded change of user on 23/5/2001.…

…Further more Commissioner of Lands gave his consent with effect from 1/6/2001 with his letter dated 2/7/2001 and Compliance Certificate No.03424 from Director of Physical Planning.…

…As mandated by law, the Plaintiff had a legal right to be explained to the charge and a certificate signed accordingly. These issues are triable and would well be canvassed at a hearing. vi.…

…As a matter of legal right, the Plaintiff was entitled to be given a legal explanation of the contents of the charge prior to her execution in consonance with the law hence the mandatory legal requirement for certification…

…I find the following items proved to my satisfaction: Actual cash lost in the accident Kshs 4,000 Suit ripped of Kshs 800 Lost wrist watch Kshs 400 Medical Certificate Kshs 500 Transport to and from Masii to hospital Kshs…

…so as to obtain a declaratory judgment under section 379(5) of the Civil Procedure Code, as it had not been certified that the point involved was of such exceptional public importance as to justify the Attorney General’s certificate…