Mbiu v Rex
Mbiu v Rex (Criminal Appeal No. 406 of 1951) [1951] EACA 130 (1 January 1951)
The court held that Rule 3(1) of the African-grown Coffee Rules, 1949, was ultra vires section 4 of the Crop Production and Livestock Ordinance (Cap. 205) because the enabling section did not authorize the Governor in Council to make rules that imposed restrictions based on race or class. The rule unlawfully restricted Africans from growing coffee outside certain areas, a restriction not imposed on Europeans or Asians, and thus exceeded the statutory powers. The court further found that the procedural irregularity in failing to frame a formal charge did not occasion a failure of justice, as t…
Source excerpt
- Ultra Vires Rulemaking
- Racial Discrimination In Law
- Subsidiary Legislation
- Statutory Interpretation
- Agricultural Regulation