SHINDIKA v. R (1972) HCD 31

Crim. App. 163-M-71; 7/1/72

Makame, J.

The Area Commissioner allocated a piece of land to Umoja wa Utamaduni. It was established that the land belonged to the Town Council and that it had been lying idle. It was contiguous to the appellant’s garden of vegetables. After the group had started clearing the piece of land allocated to them the appellant trespassed on it and started making beds for planting potatoes. He was advised by the Area Commissioner to stop but he paid no heed so he was charged with and convicted for forcible entry c/s 85 of the Penal Code.

HELD:

 (1) “I respectfully agree with the learned State Attorney …. That the facts support a charge of criminal trespass contrary to section 299, rather than forcible entry.” 

(2) “Accordingly I substitute for the original conviction of forcible entry one of criminal trespass contrary to section 299(a) and in the place of seven months jail term I impose one of three months, the maximum for this type of trespass.”