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Wamerio and Another v Reginam (Criminal Appeals Nos. 318 and 319 of 1955) [1955] EACA 356 (1 January 1955)
The Court of Appeal for Eastern Africa held that section 23 of the Penal Code requires a shared intention to commit the specific offence charged, not just general gang membership.
Rex v Juma and Another (Criminal Appeals Nos. 112and 113 of 1941) [1941] EACA 81 (1 January 1941)
The Court held that the lack of particulars in the information did not prejudice the appellants because the preliminary inquiry made the allegations clear. Section 135A of the Criminal Procedure Code allowed for a joint trial of the alleged principal and accessories after the fact, and there was no injustice or embarrassment to the accused in this case. The law permits conviction of an accessory after the fact even if the principal has not been convicted, as long as it is established that a murder occurred. The evidence showed that the appellants assisted in hiding the body, knowing a murder…
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