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Rex v Hermitte (Cr. Rev - Case No. 44-1938)

East African Court of Appeal · [1938] EACA 189 · 1938 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal revision from conviction under municipal by-law
Decision
Conviction quashed and fine ordered to be returned

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that By-law 565(10) of the Nairobi Municipality By-laws, 1929, which prohibited creating any disturbance so as to be an annoyance to residents or passengers, was ultra vires and invalid for uncertainty. The by-law failed to specify in what circumstances, in what place, or what kind of disturbance was contemplated. The Court found the by-law too wide and uncertain to be enforceable, quashed the conviction, and ordered the fine returned.

Outcome

Conviction quashed and fine ordered to be returned

Facts

The appellant was convicted and fined under By-law 565(10) of the Nairobi Municipality By-laws, 1929, made under section 69 of the Local Government (Municipalities) Ordinance, 1928. The by-law provided that no person shall create any disturbance so as to be an annoyance to any residents or passengers. The appellant challenged the validity of the by-law on the ground that it was ultra vires because it was uncertain.

Issues

  1. Whether By-law 565(10) of the Nairobi Municipality By-laws, 1929 is ultra vires and invalid for uncertainty.

Orders

  • Appeal allowed.
  • By-law 565(10) of the Nairobi Municipality By-laws, 1929 pronounced ultra vires.
  • Conviction quashed.
  • Fine, if paid, directed to be returned.

Rules and key headnotes

Administrative Law — Municipal By-laws — Validity — Requirement of Certainty
A municipal by-law must be clear, definite, and free from ambiguity to be valid. A by-law that fails to specify the circumstances, place, or nature of prohibited conduct is invalid for uncertainty.
Statutory Interpretation — By-laws — Ultra Vires — Unreasonable Width
A by-law couched in such wide terms that it makes unlawful things which are otherwise innocent may be held ultra vires as unreasonable, even if the local authority had power to make by-laws on the subject matter.
Administrative Law — Municipal By-laws — Comparison with Other By-laws — Test of Certainty
The uncertainty of a by-law becomes more manifest when contrasted with other by-laws made by the same authority that specify with precision the prohibited conduct, circumstances, and places.

Legislation cited (3)

  • Local Government (Municipalities) Ordinance 1928 s.69
  • Nairobi Municipality By-laws 1929 By-law 565(10)
  • Nairobi Municipality By-laws 1929 By-law 565(3)

Cases cited (1)

  • Scott v Pilliner [1904] 2 KB 855

Full judgment

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

Rex v Hermitte (Cr. Rev - Case No. 44-1938) [1938] EACA 189 (1 January 1938)
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.