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Rex v Kimemia (Cr. App. No. 124/37) [1938] EACA 201 (1 January 1938)
- Citation
- [1938] EACA 201
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Lucie-Smith, J. (Kenya), Sheridan CJ
- Case number
- Cr. App. No. 124/37
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Lucie-Smith, J. (Kenya), Sheridan CJ
- Case number
- Cr. App. No. 124/37
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the appellant's plea of 'It is true', when read together with the charge sheet, did not amount to an unequivocal admission of guilt. The facts alleged did not establish that the appellant had failed to report a change of address as required under section 331 of the Criminal Procedure Code. The appellant's presence in Nairobi was not inconsistent with his maintaining an address at Kiambu, which he had previously notified to the police. Therefore, the conviction and sentence could not be sustained.
Court disposition
conviction_and_sentence_set_aside
Orders
- The conviction and sentence against the appellant are set aside.
02
Material facts
Parties
Thomas Mwaniki Kimemia
AppellantRex
Respondent Counsel: Phillips03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the appellant's plea of 'It is true' constituted an unequivocal admission of guilt under section 331 of the Criminal Procedure Code.
- 02
Whether the facts as stated in the charge sheet amount to an offence under the relevant statutory provision.
Party arguments
- Applicant
- The appellant, appearing in person, did not make substantive legal arguments but entered a plea of 'It is true' in response to the charge. The implication was that the facts alleged were not disputed, but no explicit admission of guilt was made.
- Respondent
- Phillips, Crown Counsel, argued that the plea and the facts as stated in the charge sheet did not amount to an unequivocal admission of guilt. He submitted that the appellant's presence in Nairobi was not inconsistent with maintaining an address at Kiambu, as previously notified to the police.
05
Court’s reasoning
Legal principles
- 01
Criminal Procedure Code, section 331
A plea must amount to an unequivocal admission of the offence charged to sustain a conviction.
- 02
General principles of criminal law
The factual basis of the charge must establish all elements of the offence beyond reasonable doubt.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the appellant's plea of 'It is true', when read together with the charge sheet, did not amount to an unequivocal admission of guilt. The facts alleged did not establish that the appellant had failed to report a change of address as required under section 331 of the Criminal Procedure Code. The appellant's presence in Nairobi was not inconsistent with his maintaining an address at Kiambu, which he had previously notified to the police. Therefore, the conviction and sentence could not be sustained.
Obiter and limits
- The court expressed appreciation to Mr. Phillips, Crown Counsel, for raising the point in favor of the appellant.
Court disposition
conviction_and_sentence_set_aside
- The conviction and sentence against the appellant are set aside.
Source and reliance status
East African Court of Appeal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
East African Court of Appeal
Judgment
APPELLATE CRIMINAL
BEFORE SIR JOSEPH SHERIDAN, C. J. AND LUCIE-SMITH, J.
REX, Respondent (Original Prosecutor)
THOMAS MWANIKI KIMEMIA, Appellant (Original Accused) Cr. App. No. $124/37$
Equivocal plea of guilty—Charge—Criminal Procedure Code, section 331—Police Supervision.
The appellant was charged before the Resident Magistrate, Nairobi, with "Failing to report change of address being a person under Police supervision, contra section 331 of the Criminal Procedure Code, in that accused is a person subject to Police supervision at Kilimani, Nairobi, in the Central Province. Accused on 11-12-37 intimated to the Officer-in-Charge, Police, Kilimani, his intention of proceeding to Kiambu district and to remain there until 1st January, 1938. Accused was, on 16-12-37, arrested in River Road, Nairobi, having left Kiambu district and failed to notify either his departure from that district or arrival in Nairobi district."
Appellant was convicted on his plea of: "It is true".
Held (10-1-38).—That the plea when read with the charge was not an admission of an offence.
Appellant in person.
Phillips. Crown Counsel, for the Crown.
JUDGMENT.—The appellant in answer to the charge in the charge sheet said: "It is true". Looking at the charge sheet, we are by no means satisfied that this plea amounts to an admission of an offence. His being found in Nairobi does not appear to be inconsistent with his maintaining an address at Kiambu which he had notified to the police when he got permission to go to Kiambu. The conviction and sentence are set aside. We are obliged to Mr. Phillips for taking the point on behalf of the appellant.
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