Sangija Kanyambo and another v. R., Crim. Rev. 63-M-68, 6/11/68, Seaton J.

Sangija Kanyambo and another v. R., Crim. Rev. 63-M-68, 6/11/68, Seaton J.

Accused was charge with affray c/s 87, Penal Code, and convicted of brawling c/s 89(1) (b), Penal Code.

Held: “Both offences under Sections 87 and 89(1) (b) P.C are misdemeanors calling for a maximum of 6 moths imprisonment. I cannot find the law which lies down that a person charged under P.C. Section 87 can be convicted under P.C. Section 89(1) (b) ……. I feel that a primary court properly directed by law could not enter conviction under section 89(1) (b) P.C. for a charge lay under Section 87 P.C. This is no where in Section 181-189 Cap. 20 or Section 3, Third Schedule (Primary Courts Criminal Procedure Code), Cap. 537. I accordingly quash the conviction and set aside the sentence …….”