Maina, J.: The accused was convicted, on his own plea of guilty, of using a motor vehicle to carry goods H in connection with business. He was conditionally discharged, under S.38 of the Penal Code, for a period of six months.
After the charge was read over to him, the accused stated "It is true". The facts as stated by the prosecution and which the accused admitted were these. On 17.4.82 the accused was driving an Isuzu Itipper and he was stopped by a Police Constable who found that the accused was "carrying goods without TLB licence." There is no
indication anywhere in those facts what those goods were and whether they were in connection with the A accused's business, or whether they were for hire. The charge against the accused was laid under Section 10(1)(a) of the Transport Licensing Act, No.1 of 1973 which states that: B
Subject to the provisions of Sub-Section (6) no person shall, except under or in accordance with the terms of a licence -
(a) use a goods vehicle or a public service vehicle for the carriage of goods for hire or reward or for or in connection C with any trade or business carried on by him.
Now, the facts as stated by the prosecutor did not show whether the goods carried by the accused were for "hire or reward" or whether they were "in connection with business carried on by him". The fact that D accused had no licence is not enough to convict. All that the facts showed were that the accused carried goods in the vehicle. That was not enough to convict him under section 10(1) of the Transport Licensing Act, 1973. The facts should have gone further and establish whether the goods were for hire or reward or E whether they were in any way connected with the accused's business. Since this was not disclosed, the facts were not enough to establish the offence charged.
For these reasons, the conviction is quashed and the order of conditional discharge is set aside. F
Conviction quashed.
G
