Dajisa v Regina (Criminal Appeal No. 215 of 1952) [1952] EACA 303 (1 January 1952)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 215 of 1952
Judge
Bourke J, Hearne CJ
The court held section 5(1) of the Immigration Control Ordinance was declaratory only, setting aside the conviction under section 5(1)(j) but upholding the section 6 conviction.
Bhaga v Rex (Criminal Appeal No. 4 of 1951) [1951] EACA 114 (1 January 1951)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 4 of 1951
Judge
Modera J, Windham J
The court held that, in the absence of evidence to the contrary, it must be presumed that the magistrate complied with the requirement to read and explain the charge to the appellant. The appellant's admission to making a false statement, given the particulars of the charge, constituted an unequivocal plea of guilty to all elements of the offence under section 12(1)(b), as it was inconceivable he did not know the statement was false or its purpose. However, the magistrate exceeded his powers by cancelling the appellant's pass, as section 12(3) only authorizes cancellation of a permit, certifi…
Karia v Rex (Criminal Appeal No. 286 of 1950) [1950] EACA 86 (1 January 1950)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 286 of 1950
Judge
Nihill, C.J, Thacker J
The appeal was allowed because the accused’s plea was not unequivocal. His explanation suggested he believed the information was true, negating the offence’s knowledge element.
Rex v Ali (Criminal Appeal No. 194 of 1947) [1947] EACA 70 (1 January 1947)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 194 of 1947
Judge
Bourke J, Nihill, C.J
The court held that prohibited immigrant status under the Immigration Restriction Ordinance was a factual вопрос for the court, and dismissed the appeal.
Rex v Arari (Cr. App. 5/1931.) [1932] EACA 22 (1 January 1932)
Court
East African Court of Appeal
Case number
Cr. App. 5/1931.
Judge
Barth CJ, Thomas, J. (Kenya)
The East African Court of Appeal held that the accused had to be discharged because the prosecution failed to prove the charge with admissible sworn evidence.