Janmohamed v Reginam
Janmohamed v Reginam (Criminal Appeal No. 524 of 1955) [1950] EACA 473 (1 January 1950)
The court held that an order under section 144 of the Kenya Bankruptcy Ordinance is not a condition precedent to the institution of proceedings for offences under sections 25 and 137 (1) (q), as those sections do not expressly require such an order. The purpose of section 144 is to allocate responsibility for prosecution costs, not to confer jurisdiction. Furthermore, the court found that orders impounding future earnings must be made under section 54, which places the obligation to pay on the employer, not the bankrupt. Section 24 does not authorize prospective orders for future earnings, an…
Source excerpt
- Bankruptcy Offences
- Condition Precedent To Prosecution
- Future Earnings Orders
- Jurisdiction Under Bankruptcy Law