Acting as a terrorist-Form of charge-Definition of terrorist- Regulation 8 FA (1) and regulation 34 (3) of the Emergency Regulations, 1952.
Case summary
The appellant was convicted of acting as a terrorist contra Regulation 8 FA (1) of the Emergency Regulations, 1952. The offence is defined as: “Any person who is found or is captured or is otherwise taken into custody in circumstances which raise a reasonable presumption that he intends or is about to act or has recently acted as a terrorist or otherwise in furtherance of the objects of terrorism.”
The appellant was arrested or taken into custody in June 1956. The particulars of the charge were:
*“Izekiah s/o Musanzi during 1953, 1954, and 1955 in the Embu and Nyeri Districts of the Central Province acted under circumstances which raise a reasonable presumption that he intended or was about to act or had recently acted as a terrorist or otherwise in the furtherance of the object of terrorism.”*
The further facts appear from the judgment.
Held (29th August 1956):
The charge was bad, as it did not allege that the accused was found, captured, or taken into custody under such circumstances as raise the reasonable presumption that he intended or was about to act or had recently acted as a terrorist or otherwise in furtherance of the objects of terrorism.
A charge under this regulation could not extend to cover a period of years. Acts alleged as having been committed prior to his finding, capture, or taking into custody must be recent in relation to the finding, capture, or taking into custody.
On the facts, no offence under the regulations had been established.
Counsel:
Appellant in person.
Brookes, Crown Counsel, for the respondent.
Reported by:
R. O’Connor, Esq., Resident Magistrate, Nairobi.
