Uganda Case Law

Rex v Kyononeka and Another (Cr.A 69/1934.)

Rex v Kyononeka and Another (Cr.A 69/1934.) [1937] EACA 151 (1 January 1937)

Court

East African Court of Appeal

Case number

Cr.A 69/1934.

Judge

Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Webb, J

The Court held that, despite the appellants being charged with the murder of the same person, the fact that they were indicted separately but tried together rendered the proceedings a nullity. The principles of English law, as reflected in section 134 of the Criminal Procedure Code Uganda, require that accused persons be properly joined in the same information for a joint trial. The consent of the accused to the irregular procedure does not cure the jurisdictional defect. Accordingly, the convictions were set aside and a retrial was ordered.

Source excerpt

• Criminal Procedure Code Section 134
• Joint Trial Nullity
• Separate Informations
• Jurisdictional Error