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Rex v Kisang (Criminal Appeal No. 148 of 1946) [1946] EACA 40 (1 January 1946)
- Citation
- [1946] EACA 40
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Graham Paul CJ, Sheridan CJ, Whitley CJ
- Case number
- Criminal Appeal No. 148 of 1946
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Graham Paul CJ, Sheridan CJ, Whitley CJ
- Case number
- Criminal Appeal No. 148 of 1946
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court held that, in the absence of any statutory provision invalidating a plea of guilty to murder, it was proper for the Judge to convict the accused on his own plea. The accused was represented by counsel and understood the nature and consequences of his plea. The accused's genuine belief that the deceased had bewitched him, even if supported by local reputation, does not alter the legal classification of the act as murder. The question of the accused's belief is a matter for executive consideration, not for the court to determine criminal liability. The appeal was therefore dismissed.
Court disposition
appeal_dismissed
Orders
- Appeal is dismissed.
02
Material facts
Parties
REX
Respondent Counsel: Phillips, Crown Counsel (Kenya)Changuony Arap Kisang
Appellant03
Procedural history
Posture
Criminal Appeal / Appeal From Conviction
04
Questions and positions
Legal issues
- 01
Whether it is proper for a judge to convict on a plea of guilty to murder.
- 02
Whether the accused's belief in witchcraft affects criminal liability for murder.
Party arguments
- Respondent
- The Crown argued that there is no statutory provision invalidating a plea of guilty to murder and that the accused understood the charge and consequences. The accused's belief in witchcraft does not negate the elements of murder under the law.
05
Court’s reasoning
Legal principles
- 01
Court's interpretation; no cited statute
There is no statutory provision invalidating a plea of guilty to a charge of murder.
- 02
Court precedent
Killing a person as a result of belief in witchcraft constitutes murder.
06
Ratio, limits and disposition
Ratio decidendi
The Court held that, in the absence of any statutory provision invalidating a plea of guilty to murder, it was proper for the Judge to convict the accused on his own plea. The accused was represented by counsel and understood the nature and consequences of his plea. The accused's genuine belief that the deceased had bewitched him, even if supported by local reputation, does not alter the legal classification of the act as murder. The question of the accused's belief is a matter for executive consideration, not for the court to determine criminal liability. The appeal was therefore dismissed.
Obiter and limits
- Cases involving pleas of guilty to murder are rare but not improper where the accused is represented and understands the charge.
- Belief in witchcraft, even if genuine, does not provide a legal defense to murder.
Court disposition
appeal_dismissed
- Appeal is dismissed.
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
COURT OF APPEAL FOR EASTERN AFRICA
Before SIR JOSEPH SHERIDAN, C. J. (Kenya), SIR NORMAN WHITLEY, C. J. (Uganda); and SIR G. GRAHAM PAUL, C. J. (Tanganyika)
REX. Respondent (Original Prosecutor)
v
CHANGUONY ARAP KISANG, Appellant (Original Accused) Criminal Appeal No. 148 of 1946
(Appeal from decision of H. M. Supreme Court of Kenya)
Criminal Law-Murder-Plea of Guilty.
On being charged with the murder of one Talaa w/o Kisang arap Kipsinat the accused stated "It is true I killed her because she had bewitched me very badly—I fully believed she had bewitched me. I was ill again so I decided to kill her on account of the misery she had done me and my family. I understand that my words may be taken as a plea of guilty to murder and that the witnesses will not be called".
The accused was convicted of murder on his own plea.
Held (23-7-46).—That as there is no statutory provision invalidating a plea of guilty to a charge<br>of murder it was in no sense improper in the circumstances of this case for a Judge to convict on such a plea.
Appeal dismissed.
Appellant absent, unrepresented.
Phillips. Crown Counsel (Kenya), for the Crown.
JUDGMENT (delivered by SIR JOSEPH SHERIDAN, C. J.).—This is one of those rare cases in which it was in no sense improper for a Judge to accept a plea of guilty to murder. The accused was represented by Counsel and must have understood what he was charged with and the consequences of his plea. There is no statutory provision invalidating such a plea. From the words of the plea and the depositions it would appear that the accused had a genuine belief that the deceased had bewitched him and as one witness before the Magistrate stated that she was reputed to be a bad witch. Killing a person as a result of such belief is murder as has frequently been held by this Court. The question of the accused's belief that the deceased was a witch and was bewitching him is a matter for consideration by the Executive. The appeal is dismissed.
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