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…The learned Resident Magistrate, Mrs Opondo, wrote a detailed judgment in which she took into account the prosecution evidence as well as the defence of the appellant.…

…In the case subject to this appeal, there is no doubt the learned Resident Magistrate relied mainly on the evidence of the complainant to convict the appellant on both counts.…

…That the learned trial magistrate observed that there was a conflicting evidence which created doubt in the prosecutions case and that doubt should have been resolved in favour of the appellant.…

…I have re-evaluated the evidence adduced before the lower court on my own and I find that there is no dispute that the appellant’s vehicle was going ahead of that of the complainant in the lower court, that the distance between…

…appeal namely; That the learned Resident Magistrate erred in law in convicting the appellant when the plea was not unequivocal, the learned Resident Magistrate erred in law in convicting the appellant when there was no evidence…

…Having heard submissions of both parties and having assessed the evidence on the record I find that appellant replied; “it is true” when the charge was read to him.…