R.V. Mukeku Mtiso, Crim. Rev. 49-D-67, 29/12/67, Biron J.

R.V. Mukeku Mtiso, Crim. Rev. 49-D-67, 29/12/67, Biron J.

Accused was convicted on one count, of obstructing the working of a train [East African Railways and Harbours Act, 1950 s. 69 (a) ], and on three counts of driving a motor vehicle with defective equipment. He was sentenced to a fine of Shs. 150/- or imprisonment for two and one-half months on the first count and to smaller fines and terms of imprisonment in default on the other counts.

            Held: (1) The penalty for an offence contrary to section 69 of the East African Railways and Harbours Act, 1950, is a term of imprisonment not exceeding ten years. (2) Offences under term of imprisonment not exceeding ten years. (2) Offences under laws other than the Penal Code which are punishable with death or imprisonment for ten years of more are triable by the High Court only.

[Criminal Procedure Code, First Schedule, Part B.] Therefore the magistrate had no jurisdiction to try the offence charged in the first count.(2) Although the convictions in respect of the other counts could be sustained, these offences were interconnected with that charged in the first count and should be heard together with it. Conviction quashed an preliminary inquiry ordered in respect of all the offences.