In Re: Ndeo wa Male; In Re: Chalo wa Gume (Revision Case No. 125 of 1927; Revision Case No. 126 of 1927) [1927] EACA 29 (1 January 1927)

## CRIMINAL REVISION.

## Before SHERIDAN. J.

- NDEO wa MALE. 1. - $2.$ CHALO wa GUME.

## Revision Cases 125/1927 and 126/1927.

- Moving cattle without a permit, Rule 14 of the Diseases of Animal Rules (Cap. 157), read with Section 16 of the Diseases of Animals Ordinance (Cap. 157). - Held: -That before an owner can be held criminally liable for allowing cattle to be moved—assuming they are found in charge of some-<br>body else and not straying—he must be shown to have been so connected with the movement as to raise a case of negligence against him.

ORDER.—This trial was unsatisfactory. In the first place the two accused persons should not have been tried together. The act of one person in moving his cattle may have nothing to do with the similar act of another person. In the second place—and this is the important point—the Magistrate did not appreciate the defence put forward, particularly that of the first accused. He said the cattle were not with him but with Before an owner can be held criminally liable for a child. allowing cattle to be moved—assuming they are found in charge of somebody else and not straying—he must be shown to have been so connected with the movement as to raise a case of negligence against him. In his Judgment the Magistrate disregarded the fact that the toto was looking after the cattle. In the third place the plea of a native should always be taken and recorded in his own words. A free translation reading "I am guilty" is misleading. The fines imposed appear to me to be heavy, unless there were special reasons which do not appear. In the case of No. 1 abrused I set aside the conviction, direct the refund of the fine, and because of the evidence of Biralu. I order a new trial before the District Commissioner, Machakos. In the case of the second accused who has served his sentence unless the fine has been paid or a distress warrant issues (which I am assuming will not happen) it is unnecessary to do more than set aside the conviction.