Rex v Kimemia (Cr. App. No. 124/37) [1938] EACA 201 (1 January 1938)

## APPELLATE CRIMINAL

## BEFORE SIR JOSEPH SHERIDAN, C. J. AND LUCIE-SMITH, J.

## REX, Respondent (Original Prosecutor)

## THOMAS MWANIKI KIMEMIA, Appellant (Original Accused) Cr. App. No. $124/37$

Equivocal plea of guilty—Charge—Criminal Procedure Code, section 331—Police Supervision.

The appellant was charged before the Resident Magistrate, Nairobi, with "Failing to report change of address being a person under Police supervision, contra section 331 of the Criminal Procedure Code, in that accused is a person subject to Police supervision at Kilimani, Nairobi, in the Central Province. Accused on 11-12-37 intimated to the Officer-in-Charge, Police, Kilimani, his intention of proceeding to Kiambu district and to remain there until 1st January, 1938. Accused was, on 16-12-37, arrested in River Road, Nairobi, having left Kiambu district and failed to notify either his departure from that district or arrival in Nairobi district."

Appellant was convicted on his plea of: "It is true".

Held (10-1-38).—That the plea when read with the charge was not an admission of an offence.

Appellant in person.

Phillips. Crown Counsel, for the Crown.

JUDGMENT.—The appellant in answer to the charge in the charge sheet said: "It is true". Looking at the charge sheet, we are by no means satisfied that this plea amounts to an admission of an offence. His being found in Nairobi does not appear to be inconsistent with his maintaining an address at Kiambu which he had notified to the police when he got permission to go to Kiambu. The conviction and sentence are set aside. We are obliged to Mr. Phillips for taking the point on behalf of the appellant.