[1927] EACA 21
The conviction was quashed because there was no evidence that any order regulating movement had been promulgated by the relevant headman, nor was there proof of what such regulations entailed or whether the accused was subject to them at the time of the alleged offense. The court clarified that 'movement' under...
Source-derived case information.
- Citation
- [1927] EACA 21
- Parties
- Appellant: Crown; Respondent: Nyangata s/o Marua
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Revision Case No. 23 of 1927
- Procedural Posture
- Criminal Revision / Revision
- Outcome
- conviction_quashed
- Judges
- Pickering J
- Legal Topics
- Native Authority Orders, Jurisdiction of Headmen, Criminal Procedure, Movement Regulation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Crown
Appellant
Nyangata s/o Marua
Respondent
Procedural Posture
Criminal Revision / Revision
Legal Issues
- 1 Whether proof of the issue of an order by the headman regulating movement was required under section 8(j) of the Native Authority Ordinance.
- 2 Whether 'movement' under section 8(j) refers to a change of residence between headman jurisdictions.
- 3 Whether the headman in question was properly appointed under section 3 of the Ordinance.
Ratio Decidendi
The conviction was quashed because there was no evidence that any order regulating movement had been promulgated by the relevant headman, nor was there proof of what such regulations entailed or whether the accused was subject to them at the time of the alleged offense. The court clarified that 'movement' under section 8(j) refers to a change of residence between the jurisdictions of headmen, and that the term 'headman' is restricted to those appointed under section 3 of the Ordinance. Furthermore, the facts did not establish that the accused's movement was from one headman's jurisdiction to another as required by the law. Without proof of a valid order and its applicability to the...
Court Disposition
conviction_quashed
Orders
- The conviction is quashed.
- The fine must be returned if paid.
Full Case Text
Judgment text and source record
9 paragraphs
## CRIMINAL REVISION.
Before PICKERING. J.
## **CROWN**
$\mathbf{1}$
## NYANGATA s/o MARUA.
## Revision Case 23/1927.
- Native Authority Ordinance (Cap. 129), section 8 (j)—power of headman to issue orders regulating the movement of natives from the jurisdiction of one headman to that of another. - Held: —That proof of the issue of order is required; that "Movement" refers to a change of residence; and that headman in the Ordinance means a headman appointed under Section 3 thereof.
ORDER.—The provision of Cap. 129 cited by the Magistrate authorizes the promulgation of orders regulating the movements of natives from the jurisdiction of one headman to that of another. In this case there is no suggestion as to what regulations were in fact promulgated by the headman in whose jurisdiction the accused was supposed to have lived. I assume that this headman was Mutoki. What regulations Mutoki published and when and how is unknown; also there is no allegation that the accused at the time of a promulgation lived in Mutoki's jurisdiction. Now in section 8 $(j)$ movement refers to a change of area of residence. Such regulations cannot confine a man's nerambulations to a headman's district, or even prevent a Moreover, the word "regulate" is not prolonged *safari*. synonymous with the word "prevent." What the accused had done cannot be gathered from the file. "Some time ago" may mean anything. Finally the movement, if any, was from Kisii to Tanganyika Territories. This cannot be regarded as a movement from the jurisdiction of one headman to that of "Headman" in this Ordinance means a headman another. appointed under section 3 thereof. If the orders promulgated are set out in the charge an opportunity of ascertaining their legality or illegality is given.
This conviction is quashed and the fine must be returned (if paid).