Wakilii

Dajisa v Regina (Criminal Appeal No. 215 of 1952)

East African Court of Appeal · [1952] EACA 303 · 1952 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction by First Class Magistrate's Court at Nairobi
Decision
Conviction under section 5(1)(j) quashed; conviction under section 6 upheld with sentence of four months imprisonment with hard labour

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Section 5(1) of the Immigration Control Ordinance is declaratory only, specifying classes of persons to be regarded as prohibited immigrants. A prohibited immigrant cannot be convicted both under section 5(1)(j) for lacking a passport and under section 6 for unlawful entry without a valid permit in respect of the same entry. The conviction under section 5(1)(j) was set aside while the conviction under section 6 was upheld.

Outcome

Conviction under section 5(1)(j) quashed; conviction under section 6 upheld with sentence of four months imprisonment with hard labour

Facts

The appellant entered the Colony and Protectorate of Kenya without a valid entry permit or pass and without a valid passport or document of identity. He was not a permanent resident. The appellant was convicted by the First Class Magistrate's Court at Nairobi under two provisions: section 5(1)(j) of the Immigration Control Ordinance for entering without a valid passport, and section 6 for unlawfully entering without a valid entry permit. He was sentenced to four months imprisonment under each count.

Issues

  1. Whether a person can be convicted under section 5(1)(j) of the Immigration Control Ordinance for entering without a passport when already convicted under section 6 for entering without a valid entry permit.

Orders

  • Conviction under section 5(1)(j) set aside.
  • Sentence of four months imprisonment under section 5(1)(j) set aside.
  • Appeal from conviction under section 6 dismissed.
  • Sentence of four months imprisonment with hard labour under section 6 to follow expiration of one month imprisonment already being served.

Rules and key headnotes

Immigration — Prohibited Immigrants — Nature of Section 5(1) of Immigration Control Ordinance
Section 5(1) of the Immigration Control Ordinance is a declaratory section that specifies various classes of persons to be regarded as falling within the category of prohibited immigrants and subjects them to all provisions of the Ordinance relating to prohibited immigrants.
Criminal Law — Double Conviction — Single Entry Without Permit and Passport
A prohibited immigrant may be convicted under section 6 for unlawful entry without a valid permit or pass, but cannot also be convicted under section 5(1)(j) in respect of the same entry merely because by reason of lacking a passport he was a prohibited immigrant to whom a permit or pass had not been issued.
Statutory Interpretation — Declaratory Provisions — Effect on Criminal Liability
A declaratory provision that defines a class of persons does not itself create a separate criminal offence where substantive offence provisions exist to penalise the prohibited conduct.

Legislation cited (3)

  • Immigration Control Ordinance s.5(1)(j)
  • Immigration Control Ordinance s.5(1)
  • Immigration Control Ordinance s.6

Full judgment

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

Dajisa v Regina (Criminal Appeal No. 215 of 1952) [1952] EACA 303 (1 January 1952)
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.