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Citation
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Judgment date
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| October 1962 |
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Building control-Municipalities-Building Building restrictions- Unauthorised use of building—Allowing building to be used otherwise than for purpose for which constructed-Ground floor of building erected as shops and stores and let as such-Stores used as dwelling-houses by tenants-Tenants notified by building C owner to cease using stores as living quarters—Tenants continue using stores as dwelling-houses—Building owner charged for allowing unauthorised user —Misdirection—Nairobi Municipality (Building) By-laws, 1948, By-law 352 (a) (K.)
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26 October 1962 |
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Street traffic-Evidence—Mechanically propelled vehicle—Causing death by dangerous driving—Evidence of mechanical defect in steering mechanism of vehicle-Accused under the influence of drink-Defence that the accident was caused by mechanical defect-Whether onus of proof shifts to the defence-Traffic Ordinance, 1953, s. 43 and s. 44 (K.). Criminal law-Practice-Mechanically propelled vehicle-Whether indictment should contain both charge of causing death by dangerous driving and charge I of driving under the influence of drink
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26 October 1962 |
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Criminal law-Possession of property suspected of having been stolen—Accused detained in connection with housebreaking and stealing—Accused searched by village headman—Accused then taken to local court where again searched -Goods suspected of having been stolen found in possession of a second accused-Both accused then taken to police station where arrested-Both accused convicted of housebreaking, stealing and of being in possession of property suspected of having been stolen-Penal Code, s. 312 (T.)—Criminal Procedure Code (Cap. 20), s. 24 and s. 187 (1) (T.)
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26 October 1962 |
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Criminal law-Practice—Revision—Alleged theft of property in Uganda—Property seized by police from a third party in Kenya—No offence committed in Kenya —Order by magistrate restoring property to lawful owners—Whether magistrate has power to make such an order—Criminal Procedure Code (Cap. 27), s. 121 (3) (K.)—Penal Code (Cap. 24), s. 2 and s. 327 (K.)—Police Ordinance, 1960, s. 20 (1) (K.)—Sale of Goods Ordinance (Cap. 290), s. 25 (K.)
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26 October 1962 |
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Criminal law-Security for maintaining good behaviour—Bond for maintaining good behaviour and in default forfeiture signed by accused-Subsequent complaint against accused of being drunk and abusive in a public place— Complaint found to be true after trial—Order for forfeiture of first bond and H execution of another-Whether power to require execution of second bond -Criminal Procedure Code (Cap. 27), s. 47 and s. 53 (K.)
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15 October 1962 |
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Criminal law, Illegal movement of stock. Particulars of charge alleging movement "from place to place.” Whether omission to give particulars of movement fatal to conviction—Animal Diseases Ordinance (Cap. 213) s. 5, (K.)—Criminal Procedure Code (Cap. 27), s. 381 (K.)
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10 October 1962 |
