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1 Jan 1956

Criminal Law [1956] EACA 23

Parmar v The Queen

Parmar v The Queen (Criminal Appeal No. 182 of 1956) [1956] EACA 23 (1 January 1956)

Court: East African Court of Appeal
Case number: Criminal Appeal No. 182 of 1956
Judge: Rudd J

The court held that although the police officers may have been justified in entering the shop to investigate a suspected offence under the Shop Hours Ordinance, they lacked the requisite authorization from an officer in charge of a police station as required by section 15(2) of the Ordinance. Once the appellant, as the shop owner, requested them to leave, their continued presence rendered them trespassers. Consequently, the sergeant was not acting in the execution of his duty at the time he was pushed out of the shop. Therefore, the appellant could not be convicted of obstructing a police off…

Source excerpt

Obstruction Of Police
Execution Of Duty
Trespass
Shop Hours Regulation

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1 Jan 1942

Criminal Law [1942] EACA 74

Rex v Waithaka

Rex v Waithaka (Criminal Appeal No. 84 of 1942) [1942] EACA 74 (1 January 1942)

Court: East African Court of Appeal
Case number: Criminal Appeal No. 84 of 1942
Judge: Bartley J, Hayden J

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…