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Muini v. Rex thro' Medical Officer of Health, Kiambu

(1938) JELR 106860 (SC)

Supreme Court  •  Criminal Revision 21 of 1938  •  28 May 1938  •  Kenya

Coram
Ransley Samuel Thacker, Charlton Ade'bert Gustavus Lane

Judgement

RULING

The applicant applies for revision of the judgment, finding and sentence of the Second Class Magistrate, Kiambu, passed on the 24th day of February, 1938, on various grounds which we need not enumerate as they are set fourth in some detail under thirteen heads in the grounds of revision dated 11th March, 1938.

The facts are that the Medical Officer of Health, by three notices dated 24th November, 1937, in which he stated that he was satisfied of the existence of a nuisance at the three sets of premises owned by the applicant and situate at the Wangigi Market in the Kiambu district, and that the said premises were of such construction and in such a state and so dirty as to be injurious or dangerous to health, thereupon required the applicant within one month from the date of services of the Notices to abate and prevent recurrence of the said nuisance, and for that purpose to entirely demolish the said premises, remove all materials and cleanse the site.

Now, these Notices purported…

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