Uburiel Titila Msuya v. R., Crim. App. 75-A-67; 5/7/67; Georges, C. J.

Uburiel Titila Msuya v. R., Crim. App. 75-A-67; 5/7/67; Georges, C. J.

One Husseing set fire to his shamba without permission. The fire spread and caused damage to neighboring shambas. Accused, a Field Assistant, Agriculture, later went to Hussein’s house and, after some discussion, asked him whether he admitted the offence. Hussein did so, and accused immediately imposed a fine of Shs. 45/-. On these facts he was convicted of false assumption of judicial authority. (P.C. s. 99(1), as amended by section 4 of Part 11 of the Sixth Schedule to the Magistrates’ Courts Act, 1963.) A sentence of twelve month’s imprisonment was imposed.

            Held: (1) There was, in effect, the taking of a plea and a fine was imposed. While the dividing line between false assumption of judicial authority and corruptly accepting money to stifle a prosecution is difficult to determine, the facts in this case support the charge. (2) The sentence was unreasonably severe. A sentence of six months’ imprisonment was substituted.