Rex v Waithaka
Rex v Waithaka (Criminal Appeal No. 84 of 1942) [1942] EACA 74 (1 January 1942)
The court found that the police officers were not acting in the due execution of their duty because there was no strict proof that an order had been issued by a headman under section 8(a) of the Native Authority Ordinance, 1937, prohibiting possession of native intoxicating liquor in the native reserve. As such, the accused were entitled to resist arrest and seizure of the liquor. However, the court held that the force used by the accused exceeded what was necessary for that purpose. Consequently, the convictions for assaulting police officers in the due execution of their duty were altered t…
Source excerpt
- Assault On Police
- Common Assault
- Execution Of Duty
- Native Liquor Offences