Aloys Kamuzora v. R., Crim. App. 527-M-68; 18/10/68, Seaton J.

Aloys Kamuzora v. R., Crim. App. 527-M-68; 18/10/68, Seaton J.

Accused was convicted of driving a motor vehicle without an insurance policy c/ss 4(1) and 4(1), Motor Vehicles Ordinance, Cap. 169, and was fined Shs. 60/- and disqualified from holding a driving licence for 12 months. The accused argued, before sentence, that special reasons existed for not imposing a disqualification, in that the vehicle had been purchased on hire purchase and was in joint ownership with B.C.D. The insurance was kept with B.C.D. and so accused did not know that it had expired at the time of the offence. The court held, however, that the accused had a duty to check when his insurance ceased to operate although the policy was kept by a joint owner, and so his neglect to check could not constitute special reasons.

            Held: A “special reason” for not ordering a disqualification is one which is special to the facts which constitute of offences, and not one which is special to the offender as distinguished from the offence. Moreover the reason must be “special”, (1946) 2 All E.R. 552). In this case, it has been pointed out that more than held of all motor vehicles in use in this country are purchased under some sort of hire purchase arrangement and insurance policies are not kept by the person in charge of the vehicle. In view of this, the accused cannot succeed in his claim that special reasons exist, since his failure to have an insurance policy “was due to mere forgetfulness or carelessness” on his part in not checking the expiry date.