Kitundu v Rex (Cr. App. 64/1930.) [1930] EACA 162 (1 January 1930)

#### APPELLATE CRIMINAL.

Before SIR JACOB BARTH, C. J., and STEPHENS, J.

# MWANDA WA KITUNDU

(Appellant) (Original Accused)

### $\boldsymbol{v}$ .

### **REX**

## (Respondent) (Original Complainant). Cr. App. $64/1930$ .

The Criminal Procedure Code, No. 11 of 1930, section 132-joinder of charges-three offences of the same kind in one year.

$Held:$ That the phrase "the same kind" must be construed strictly as meaning offences punishable under the same section of the relevant enactment.

JUDGMENT (extract from).—Section 132 (a) of the Criminal Procedure Code enacts that three charges in respect of offences. of the same kind may be tried together if committed within one vear of each other.

The meaning of the phrase "the same kind" has not been defined as it was in the repealed Criminal Procedure Ordinance (Cap. 7), but we are of opinion that the phrase must be construed strictly as meaning offences punishable under the same section of the relevant enactment.

In our view the conviction and sentence must be quashed on the ground that the misjoinder goes to the root of the trial. A new trial is ordered.