Wakilii

Rex v Stirling and Scott Ltd (Cr. App. 2-1931.)

East African Court of Appeal · [1931] EACA 20 · 1931 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal by Attorney-General from acquittal by Resident Magistrate of Nairobi
Decision
Acquittal of respondent upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that section 24 of the Employment of Natives Ordinance requires an employer to provide housing at his own expense unless the employee can return home daily or obtain suitable and proper housing at or conveniently near his place of employment. The proviso does not require that alternative accommodation be free of expense to the employee. Where the employee obtained suitable housing near his workplace, the employer was relieved of the statutory obligation regardless of whether the employee paid rent.

Outcome

Acquittal of respondent upheld

Facts

Messrs. Stirling & Scott, Ltd. employed Midiro s/o Madora at Sh. 25 per month. The respondents made no arrangements for housing Midiro. Midiro made his own arrangements for housing at Pumwani for a rent of Sh. 5 per month. The respondents were prosecuted for failing to provide proper housing for Midiro at their expense under section 24 of the Employment of Natives Ordinance. The Resident Magistrate of Nairobi acquitted the accused. The Attorney-General appealed.

Issues

  1. Whether an employer is relieved of the obligation to provide housing under section 24 of the Employment of Natives Ordinance where the employee obtains suitable housing at his own expense at or conveniently near his place of employment.

Orders

  • Appeal dismissed.

Rules and key headnotes

Employment & Labour — Housing Obligations — Employer's Duty Under Employment of Natives Ordinance
Under section 24 of the Employment of Natives Ordinance, an employer is obliged to provide housing for employees at the employer's expense unless the employee can return home at the conclusion of daily work or obtain suitable and proper housing at or conveniently near the place of employment.
Statutory Interpretation — Provisos — Effect on Main Enactment
The proviso to section 24 of the Employment of Natives Ordinance relieves an employer of the obligation to provide housing where the employee obtains suitable and proper housing at or conveniently near his place of employment, and there is nothing in the proviso to suggest that such alternative accommodation must be free of expense to the employee.
Employment & Labour — Housing Obligations — Employee-Funded Accommodation
An employer is not in breach of the duty to provide housing under section 24 of the Employment of Natives Ordinance where the employee has obtained suitable and proper housing at or conveniently near his place of employment, even if the employee pays rent for that accommodation.

Legislation cited (1)

  • Employment of Natives Ordinance (Cap. 139) s.24

Full judgment

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Rex v Stirling and Scott Ltd (Cr. App. 2-1931.) [1931] EACA 20 (1 January 1931)
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.