Crown v Gatune wa Kamau (Revision Case No. 138 of 1927) [1927] EACA 30 (1 January 1927)

Before SHERIDAN, ;f •.

## CROWN

## GATUNE wa KAMAIJ .

## .1:tflvision C11se 138 / 1 O'..:l7.

The Resident ¥afr•e Labourers' Ordinam,e, section !();-movement and branding of resident natives' cattle.

*Held* : -That there is no such offence as maintaining · cattle **on· a farin** 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 ccnvilted .)f having maintained on a farm cattle 'in excess of the number .allowed. on his contract.

0RDER.-There is no such offence as mainfaining 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.

*v.*