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Uganda decisions
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Ndecho and Another v Rex (Criminal Appeals Nos. 33 and 34 of 1951) [1951] EACA 171 (1 January 1951)
The Court of Appeal for Eastern Africa held that a murder charge may lead to conviction for a lesser offence only if it is cognate to the charge and the accused had a fair chance to defend.
In Re: Criminal Case No. 190 of 1951 in the Supreme Court of Kenya at Nairobi Entitled: Rex v Ramji and Another (Miscellaneous Criminal Application No. 13 of 1951) [1950] EACA 140 (1 January 1950)
The Court held that it lacked jurisdiction to order the restoration of Sh. 5,000 to the accused under sections 177 and 178 of the Criminal Procedure Code, as the money was not taken from the accused upon apprehension and the accused were acquitted. The attempt to import English criminal procedure via section 3(3) failed because the Code specifically covered restitution orders, precluding the application of English rules. Consent by the Crown could not validate an order made without jurisdiction. Consequently, the order for restoration was vacated, and the accused was left to pursue any civil…
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Rex v Nathu (Criminal Appeal No. 153 of 1948) [1948] EACA 34 (1 January 1948)
The Court of Appeal for Eastern Africa held that there was no statutory right of appeal against a High Court order directing further evidence to be taken.
Rex v Jumba (Criminal Case No. 104 of 1942) [1942] EACA 59 (1 January 1942)
The court held that a document said to be a medical report was inadmissible because the author’s identity and official capacity were not proved.
Rex v Mengech (Criminal Appeal No. 158 of 1939) [1940] EACA 8 (1 January 1940)
The Court of Appeal for Eastern Africa held that a statutory statement certificate did not need verbatim compliance with section 219(4) if it substantially complied with the Code.
Rex v Adika and Others (Criminal Appeals Nos. 109, 110, 111 and 112 of 1939) [1938] EACA 164 (1 January 1938)
The Court held that an accused retains the right of appeal even after confirmation proceedings, because section 333 of the Criminal Procedure Code did not clearly remove that right.
Rex v Biagan (Cr. Case No. 48/1936) [1936] EACA 142 (1 January 1936)
The court held that only a statement made at the second preliminary inquiry, which led to committal, was admissible. The first inquiry statement was excluded.
Rex v Marriot and Another (Criminal Appeals Nos. 56/1935 and 57/1935.) [1935] EACA 128 (1 January 1935)
The court held that a remittal to a subordinate court under section 235 required a prior opinion that further investigation was needed. Without it, the trial was a nullity.
Rex v Puja (Cr. App. 13/1931.) [1931] EACA 14 (1 January 1931)
The Court held that, under section 157 of the Tanganyika Criminal Procedure Code, the judge may inquire into an accused’s fitness to plead without assessors.
