Honourable the Attorney General v Hill and Nakuru Press Limited
Honourable the Attorney General v Hill and Nakuru Press Limited (Criminal Appeal (Case Stated) No. 16 of 1948) [1948] EACA 58 (1 January 1948)
The court held that where a Magistrate has refused to commit an accused for trial, it is highly doubtful that the procedure by way of case stated is available to the prosecutor. The Magistrate failed to comply with the statutory requirements for a proper case stated, as no legal question was set out and the case was incomplete. The court, guided by English authorities such as Foss v. Best and Reg. v. London (County) Justices, found that the statutory language and principles underlying criminal procedure do not support the availability of case stated after an acquittal or discharge at the comm…
Source excerpt
- Case Stated Procedure
- Committal For Trial
- Magistrate Jurisdiction
- Appeals After Acquittal