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Kariwa v Rex (Criminal Appeal Nos. 211, 212, 213, 214 and 215 of 1949) [1949] EACA 49 (1 January 1949)
The Court of Appeal upheld six murder convictions arising from one raid, holding that the counts could be joined and that common intent made all appellants liable.
Rex v Otieno and Others (Criminal Appeals Nos. 250, 251 and 252 of 1946) [1947] EACA 22 (1 January 1947)
The court found that all three appellants, having jointly engaged in a theft and subsequently confronted by police while in possession of stolen property including a loaded revolver, held a discussion immediately prior to the fatal shooting. The evidence showed that none of the appellants dissociated themselves from the act, and the possession and use of the revolver was known to all. The court held that the inference of a common intent to kill the policeman was justified by their association, discussion, and conduct, and that the doctrine of common intent under Section 23 of the Penal Code a…
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Rex v Nswazalugudo and Another (Criminal Appeals Nos. 94 and 95 of 1945) [1945] EACA 21 (1 May 1945)
The court held that the evidence against the second appellant, Yozefu Kidemu, was sufficient to support a conviction for murder, based on affirmative eyewitness and medical testimony. However, regarding the first appellant, Asa Nswazalugudo, the court found that his partially drunken condition affected his capacity to appreciate or participate in the fatal act. The facts did not establish with legal certainty that Asa aided and abetted Yozefu in the killing. Asa was never seen with a weapon, and his actions—chasing and holding the deceased—were insufficient to infer common intent or joint res…
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Rex v Gidaguy and Others (Criminal Appeals Nos. 154, 155 and 156 of 1942) [1943] EACA 8 (1 January 1943)
The court upheld murder convictions, holding that an unretracted confession by one accused could be considered against co-accused under Section 30 of the Indian Evidence Act.
Rex v Kaliebi and Another (Criminal Appeals Nos. 107 and 108 of 1941) [1941] EACA 73 (1 January 1941)
The second appellant was properly convicted of murder because he inflicted a fatal injury on the deceased, who was already in a weakened state due to a prior assault, and death resulted from the cumulative effect of the injuries. The first appellant's conviction for murder was set aside because there was no evidence of a common intention between him and the second appellant to cause grievous harm, nor was it established that the injuries inflicted by the first appellant alone would have caused death. The court clarified that common intention requires more than coincident intent; it must be de…
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Rex v Lopua and Another (Criminal Appeals Nos. 84 and 85 of 1941) [1941] EACA 63 (1 January 1941)
The court held that Lomur s/o Lopua could not be convicted of murder unless it was established not only that he was holding the deceased while Enok Achila twisted the neck, but also that Lomur was identified with Enok's purpose and acted with common intent. The evidence showed that Lomur was holding the deceased for others to beat him with sticks, and there was no clear evidence that he was aware of or assisted Enok in twisting the deceased's neck. The act of twisting the neck was not part of the common purpose of the crowd, and there was reasonable doubt as to Lomur's knowledge and intent. T…
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