[1938] EACA 191

[1938] EACA 191

The court held that the Municipal Council of Nairobi, under the Local Government (Municipalities) Ordinance, 1928, is empowered to make by-laws and prescribe penalties for their breach, but these penalties are limited to those expressly authorized by the Ordinance. By-law 557 (3) (d) of the Nairobi Municipality By-laws, 1929, purported to authorize courts to order a native convicted under the by-law to return to his reserve or place of residence and to impose imprisonment for disobedience. The court found that such powers were not granted by the Ordinance, rendering the by-law ultra vires to the extent that it purported to confer such authority. Consequently, the order made by the...

Citation
[1938] EACA 191
Parties
Applicant: Rex; Respondent: Kimani s/o Majengo
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1938
Case Number
Cr: Rev. Case No. 30/38
Procedural Posture
Criminal Revision / Judgment
Outcome
order set aside; by-law provision declared ultra vires
Judges
Lane, Ag. J, Thacker J
Legal Topics
Ultra Vires, Municipal by Laws, Local Government Powers, Penalties for Breach, Repatriation Orders
Source Language
English
Administrative Law Criminal Law Ultra Vires Municipal by Laws Local Government Powers Penalties for Breach Repatriation Orders

Case Brief

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Parties

Rex

Applicant

Kimani s/o Majengo

Respondent

Procedural Posture

Criminal Revision / Judgment

Legal Issues

  1. 1 Whether the Nairobi Municipality By-law 557 (3) (d) is ultra vires in authorizing courts to order a native to return to his reserve or place of residence and to impose imprisonment for disobedience.
  2. 2 Whether the Municipal Council of Nairobi has statutory authority under the Local Government (Municipalities) Ordinance, 1928, to make such a by-law.

Ratio Decidendi

The court held that the Municipal Council of Nairobi, under the Local Government (Municipalities) Ordinance, 1928, is empowered to make by-laws and prescribe penalties for their breach, but these penalties are limited to those expressly authorized by the Ordinance. By-law 557 (3) (d) of the Nairobi Municipality By-laws, 1929, purported to authorize courts to order a native convicted under the by-law to return to his reserve or place of residence and to impose imprisonment for disobedience. The court found that such powers were not granted by the Ordinance, rendering the by-law ultra vires to the extent that it purported to confer such authority. Consequently, the order made by the...

Court Disposition

order set aside; by-law provision declared ultra vires

Orders

  • The order requiring the accused to return to his reserve is set aside.
  • By-law 557 (3) (d) of the Nairobi Municipality By-laws, 1929, is declared ultra vires to the extent it authorizes such orders and penalties.