Crown v Gatune wa Kamau (Revision Case No. 138 of 1927)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that there is no criminal offence of maintaining cattle on a farm in excess of the number allowed by contract under the Resident Native Labourers' Ordinance. While an excess of cattle may provide grounds for rescission of the contract between the occupier and the squatter, it does not render the squatter liable to criminal conviction. The conviction was quashed and the fine ordered to be refunded.
Outcome
Accused's conviction set aside and fine refunded
Facts
The accused, Gatune wa Kamau, was convicted in Criminal Case 87/1927 in the Third Class Court at Fort Hall of maintaining cattle on a farm in excess of the number allowed under his contract as a resident native labourer. The matter came before the court on criminal revision to determine whether such conduct constituted a criminal offence under the Resident Native Labourers' Ordinance.
Issues
- Whether maintaining cattle on a farm in excess of the number allowed by contract constitutes a criminal offence under the Resident Native Labourers' Ordinance.
Orders
- Conviction quashed.
- Fine directed to be refunded.
Rules and key headnotes
Legislation cited (1)
- Resident Native Labourers' Ordinance s.10
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.