Crown v Gatune (Revision Cese 138/1927) [1927] EACA 31 (1 January 1927)

# CRIMINAL REVISION.

Before SHERIDAN, J.

### **CROWN**

## GATUNE wa KAMAU.

### Revision Case 138/1927.

The Resident Native Labourers' Ordinance, section 10-move ment and branding of resident natives' cattle.

$Held$ :—That there is no such offence as maintaining cattle on a farm in excess of the number allowed by contract.

In the original case (Criminal Case $87/1927$ in the Third Class Court at Fort Hall) the accused was convicted of having maintained on a farm cattle in excess of the number allowed on his contract.

ORDER.—There is no such offence as maintaining cattle on a farm in excess of the number allowed by contract. The fact of having an excess may be a ground for rescission of the contract between the occupier and the squatter but it does not. render the latter liable to conviction.

The conviction is quashed and the fine directed to be refunded.