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Rex v Chege (Confirmation Case No. 450 of 1944) [1944] EACA 2 (1 January 1944)
- Citation
- [1944] EACA 2
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Bartley J, Sheridan CJ
- Case number
- Confirmation Case No. 450 of 1944
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Bartley J, Sheridan CJ
- Case number
- Confirmation Case No. 450 of 1944
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the intention and language of By-law 549 are clear: military personnel are only exempt from the licensing requirement for arms that are part of their official equipment. Since the accused, a military askari, was carrying a panga, which was not alleged or shown to be part of his military equipment, he was not authorized to carry it without a licence. The police acted lawfully under Section 117 of the Local Government (Municipalities) Ordinance, 1928, in arresting the accused for this offence. The accused's resistance and assault on the police during the lawful arrest further justified the conviction. The court confirmed both the conviction and the sentences imposed by the lower court.
Court disposition
conviction and sentences confirmed
Orders
- The conviction of Samuel Macheria s/o Chege is confirmed.
- The sentences imposed by the lower court are confirmed.
02
Material facts
Parties
Rex
Applicant Counsel: Spurling, Crown CounselSamuel Macheria s/o Chege
Respondent03
Procedural history
Posture
Criminal Confirmation / Confirmation of Conviction and Sentence
04
Questions and positions
Legal issues
- 01
Whether a military askari is permitted under Nairobi Municipal By-law 549 to carry an arm, specifically a panga, within the municipality without a licence.
- 02
Whether the police were lawfully executing their duties in arresting the accused for carrying a panga without a licence.
Party arguments
- Applicant
- The Crown argued that By-law 549 prohibits any person, including military askaris, from being armed within the municipality without the necessary licence, unless the arm forms part of their official equipment. The accused was found with a panga, which is not standard military equipment, and thus was in breach of the by-law.
- Respondent
- The accused, as a military askari, may have contended that his status exempted him from the licensing requirement under the by-law, or that the panga was part of his equipment, though no evidence was provided to support this.
05
Court’s reasoning
Legal principles
- 01
Nairobi Municipal By-laws, 1929, By-law 549
By-law 549 prohibits any person other than government police, troops, or other duly authorized persons from being armed within the municipality without a licence, except for arms that are part of official equipment.
- 02
Local Government (Municipalities) Ordinance, 1928, Section 117
Police officers may arrest without warrant any person committing an offence against municipal by-laws, provided reasonable grounds exist that arrest is necessary to bring the offender to justice.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the intention and language of By-law 549 are clear: military personnel are only exempt from the licensing requirement for arms that are part of their official equipment. Since the accused, a military askari, was carrying a panga, which was not alleged or shown to be part of his military equipment, he was not authorized to carry it without a licence. The police acted lawfully under Section 117 of the Local Government (Municipalities) Ordinance, 1928, in arresting the accused for this offence. The accused's resistance and assault on the police during the lawful arrest further justified the conviction. The court confirmed both the conviction and the sentences imposed by the lower court.
Obiter and limits
- The intention of the by-law framers was to allow military personnel to carry only their official equipment without a licence, not any weapon of their choosing.
- The language of the by-law is consistent with its intended purpose and should be interpreted accordingly.
Court disposition
conviction and sentences confirmed
- The conviction of Samuel Macheria s/o Chege is confirmed.
- The sentences imposed by the lower court are confirmed.
Source and reliance status
East African Court of Appeal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
East African Court of Appeal
Judgment
CRIMINAL CONFIRMATION
Refore SIR JOSEPH SHERIDAN, C. J., AND BARTLEY, J.
REX. Prosecutor
$\mathbf{v}^{\perp}$
SAMUEL MACHERIA 8/0 CHEGE. Accused Confirmation Case No. 450 of 1944
Nairobi Municipal By-laws, 1929 (By-law 549)-Construction-Native carrying arm without licence—Military askari.
Held (29-9-44).—That on the frue construction of By-law 549 a military askari is not per-<br>mitted to carry within the municipality any arm which does not form part of his ëduibment.
Spurling. Crown Counsel, for the Crown.
ORDER.—It is provided by By-law 549 of the Nairobi Municipality By-laws, $1929 -$
"Any Asiatics or Afficans other than Government police, troops or other duly authorized persons found within the limits of the Municipality armed in any manner and without carrying the necessary licence will be liable to arrest and may be proceeded against for a breach of this By-law."
The accused, a military askari, was discovered at 11.30 p.m. armed with a panga, which we consider to be a large knife in the Nairobi township. Two members of the Kenya Police attempted to arrest him for the offence of being armed contrary to the provisions of the by-law. He resisted and assaulted the police but was overcome.
The first question is what is the correct construction of the by-law. Was the accused, being a military askari, authorized to carry a panga without a licence? In our opinion he was not, our view being that the intention of the framers of the by-law and the meaning of it are in consonance. The intention as we read it is that members of the military forces armed with the equipment which they afé required to carry should subject to any military restrictions be allowed to<br>go to and fro without a licence and without interruption. The language used in the by-law in our opinion gives effect to that intention.
In the present case the accused was carrying a panga, which is no part of his equipment. At least it is nowhere alleged that it was part of his equipment. The Police in proceeding to arrest him were presumably acting under the authority of Section 117 of the Local Government (Municipalities) Ordinance, 1928, which in so far as it is material reads: $\rightarrow$
"Any police officer may arrest without warrant any person who commits any offence against this Ordinance or any by-law in force within any municipality. $\cdot$ .
Provided that no person shall be arrested or detained without warrant unless reasonable grounds exist for believing that, except by the arrest of the person offending, he could not be found of made answerable to justice without delay, trouble of expense."
The Police were consequently making an arrest in the due execution of their duties in the course of which they were assaulted by the accused.
We confirm the conviction and sentences.
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