Thika Sisal Co. Ltd v Njoroge (Revision Case 102/1927.) [1927] EACJ 2 (1 January 1927)

# CRIMINAL REVISION.

### Before SHERIDAN, J.

### THIKA SISAL CO., LTD.

$\boldsymbol{v}$ .

## NJEROGE wa KAMAU.

#### Revision Case $102/1927$ .

- Employment of Natives Ordinance (Cap. 139), section 53-penalty on servant leaving service before working off an advance of wages. - Held: -That the grant of 14 days leave under a 30 days contract had the effect of rescinding the contract (as there would not remain 30 days within the period of 42 days which is the limit prescribed by law).

ORDER.-The grant of fourteen days' leave under a thirtydays' contract had the effect of rescinding the contract. The conviction and sentence are set aside. The accused stating that he admitted the offence when legally speaking he was under no obligation to return amounted to a nullity