Wakilii

Rex v Kimemia (Cr. App. No. 32-38)

East African Court of Appeal · [1938] EACA 200 · 1938 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for breach of police supervision order
Decision
Conviction and sentence quashed; appellant discharged

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that Rule 7 of the Criminal Procedure (Police Supervision) Rules, 1931, is too rigid in requiring personal reporting where section 331 of the Criminal Procedure Code contemplates circumstances where it may not be reasonably possible for a released convict to report in person for reasons other than illness. Where the accused took reasonable steps to notify police of his change of address by giving a letter to his employer for delivery, he acted in conformity with the law. Appeal allowed, conviction and sentence quashed.

Outcome

Conviction and sentence quashed; appellant discharged

Facts

The appellant was released from prison and required to report to Eastleigh Police Station under police supervision, which he did. Shortly after release, he was re-engaged by a former employer and reported this fact to Eastleigh Police Station. He was given a letter to deliver to Kilimani Police Station notifying his change of address. He gave this letter to his employer to deliver. There was some delay in the delivery of the letter. As a result, the appellant was arrested and convicted of failing to report at Kilimani Police Station in person.

Issues

  1. Whether the appellant's failure to report in person to the police station constituted an offence under section 331 of the Criminal Procedure Code where he had taken steps to notify the police of his change of address through his employer.

Orders

  • Appeal allowed.
  • Conviction quashed.
  • Sentence quashed.

Rules and key headnotes

Police Supervision — Reporting Requirements — Reasonable Compliance
Where a released convict takes reasonable steps to notify police of a change of address by providing a letter for delivery through his employer, he acts in conformity with section 331 of the Criminal Procedure Code even if he does not report in person, as the section contemplates circumstances where personal reporting may not be reasonably possible for reasons other than illness.
Subordinate Legislation — Consistency with Parent Statute
Rule 7 of the Criminal Procedure (Police Supervision) Rules, 1931, is too rigid in its terms where it conflicts with the more flexible provisions of section 331 of the Criminal Procedure Code, which contemplates cases where it may not be reasonably possible for a released convict to report in person for reasons other than illness.

Legislation cited (2)

  • Criminal Procedure Code s.331
  • Criminal Procedure (Police Supervision) Rules, 1931 r.7

Full judgment

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

Rex v Kimemia (Cr. App. No. 32-38) [1938] EACA 200 (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.