Musanzi v The Queen (Criminal Appeal No. 179 of 1956) [1956] EACA 12 (1 January 1956)

## APPELLATE CRIMINAL

Before RUDD and FORBES, JJ.

## IZEKIAH MUSANZI, Appellant

## THE QUEEN, Respondent

## Criminal Appeal No. 179 of 1956

Acting as a terrorist—Form of charge—Definition of terrorist—Regulation 8 FA (1) and regulation 34 (3) of the Emergency Regulations, 1952.

The appellant was convicted of acting as a terrorist contra regulation 8 FA (1) of the Emergency Regulations, 1952. The offence is defined as: $-$

"Any person who is found or is captured or is otherwise taken into custody in circumstances which raise a reasonable presumption that he intends or is about to act or has recently acted as a terrorist or other in furtherance of the objects of terrorism."

The appellant was arrested or taken into custody in June, 1956. The particulars of charge were:-

"Izekiah s/o Musanzi during 1953, 1954 and 1955 in the Embu and Nyeri Districts of the Central Province acted under circumstances which raise a reasonable presumption that he intended or was about to act or had recently acted as a terrorist or otherwise in the furtherance of the object of terrorism."

The further facts appear from the judgment.

Held (29-8-56).—(1) The charge was bad, as it did not allege that accused was found captured or taken into custody under such circumstances as raise the reasonable presumption that he intended or was about to act or had recently acted as a terrorist or otherwise in furtherance of the objects of terrorism.

(2) A charge under this regulation could not extend to cover a period of years. Acts alleged as having been committed prior to his finding, capture or taking into custody<br>must be recent in relation to the finding, capture or taking into custody.

(3) On the facts, no offence under the regulations had been established.

Appellant in person.

Brookes, Crown Counsel, for respondent.

Reported by: R. O'Connor, Esq., Resident Magistrate, Nairobi.

JUDGMENT.—The appellant appeals from a conviction of acting as a terrorist contra regulation 8 FA (1) of the Emergency Regulations and sentence of eight years' imprisonment with hard labour.

On 22nd August, 1956, we allowed the appeal against conviction and sentence stating that we would give reasons at a later date.

The particulars of the charge were as follows: —

"Izekiah s/o Musanzi during 1953, 1954 and 1955 in the Embu and Nyeri Districts of the Central Province acted under circumstances which raise a reasonable presumption that he intended or was about to act or had recently acted as a terrorist or otherwise in furtherance of the object of terrorism."