Esialai Valentine v The Republic

High Court, Appellate Side, Kisumu 30th September 1977

Cotran J

Agriculture - coffee - licensing - trading without license - dealing in coffee - whether mere possession of coffee constitutes dealing - meaning of “deal” - Coffee Act (cap 333), section 13(1).

Section 13(1) of the Coffee Act provides: “No person shall buy, sell, export, mill, warehouse or otherwise deal in or transact any business in coffee unless he is the holder of a current licence…”

The word “deal” in section 13(1) of the coffee Act is to be construed ejusdem generis with the words “buy, sell, export, mill, warehouse” and does not include the mere possession of coffee.

No cases were referred to in the judgment.

Appeal

Esialai Valentine appealed to the High Court (Criminal Appeal No 91 of 1977) against his conviction by GN Kosome Esq in the Second Class District Magistrate’s Court, Busia, on 12th April 1977 (Criminal Case No 301 of 1977) for dealing in coffee business, contrary to section 13(1) and (2) of the Coffee Act. The facts are set out in the judgment.

JS Behan for the appellant.

A Etyang for the Republic.