Kipengele v. R. Crim. App. 567-D-70; 4/12/70; Makame J.

Kipengele v. R. Crim. App. 567-D-70; 4/12/70; Makame J.

The appellant was charged with being a member of an unlawful society c/ss 20 and 23(2) of the Societies Ordinance, cap. 337. Section 28 of the Ordinance provides, inter alia, that: “No person shall be charged with an offence under this ordinance or rule made thereunder unless the consent in writing of the Director of Public Prosecution has been obtained.” It was argued on behalf of the appellant that the proceedings were a nullity because the Director of Public Prosecutions consent was not obtained.

Held: (1) “In view of this, I respectively agree that the trial magistrate had no jurisdiction. The proceedings were null and void and, therefore, I quash the conviction and set aside the sentence.” (2) Appeal allowed.