Wakilii

Crown v Getari wa Kachuqu (Revision Case No. 22 of 1927)

East African Court of Appeal · [1927] EACA 20 · 1927 Conviction Set Aside AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal revision of conviction under Employment of Natives Ordinance
Decision
Conviction set aside and fine repaid

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A clerk does not fall within the definition of 'servant' as defined in section 2 of the Employment of Natives Ordinance (Cap. 139). The court set aside the conviction of the accused who had been employed as a clerk, finding that the statutory definition did not encompass clerical work.

Outcome

Conviction set aside and fine repaid

Facts

The accused, Getari wa Kachuqu, was convicted under the Employment of Natives Ordinance. The evidence showed that the accused had been employed as a clerk. The matter came before the court on revision to determine whether the conviction was proper given the nature of the accused's employment.

Issues

  1. Whether a clerk falls within the definition of 'servant' under section 2 of the Employment of Natives Ordinance (Cap. 139).

Orders

  • Conviction set aside.
  • Fine ordered to be repaid.

Rules and key headnotes

Employment & Labour — Employment of Natives Ordinance — Definition of Servant — Exclusion of Clerical Workers
A clerk does not fall within the definition of 'servant' as defined in section 2 of the Employment of Natives Ordinance (Cap. 139).
Statutory Interpretation — Definition Provisions — Scope of Defined Terms
Where a statute defines a term for its purposes, persons falling outside that definition cannot be subject to the statute's provisions even if they might colloquially be described by the same term.

Legislation cited (1)

  • Employment of Natives Ordinance (Cap. 139) s.2

Cases cited (1)

  • Revision Case No. 43/1927

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Crown v Getari wa Kachuqu (Revision Case No. 22 of 1927) [1927] EACA 20 (1 January 1927)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.