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Ali and Another v The Queen (Criminal Appeal No. 201 of 1956; Criminal Appeal No. 202 of 1956) [1956] EACA 20 (1 January 1956)
The court held that extra-judicial statements cannot be admitted before asking the accused whether they object to admissibility and, if disputed, trying voluntariness first.
Hamidi v Reginam (Criminal Appeal No. 24 of 1956) [1950] EACA 487 (1 January 1950)
The East African Court of Appeal held that a confession made to a district commissioner was inadmissible because he had not clearly separated his magistrial role from police functions.
Karuditu v Reginam (Criminal Appeal No. 551 of 1955) [1950] EACA 480 (1 January 1950)
The Court held that although the correct procedure was not followed—specifically, the failure to allow second cross-examination of the police officer in the presence of assessors after the statement was ruled admissible—this omission did not result in a miscarriage of justice. The principle established in R. v. Murray applies equally to trials with assessors, entitling the accused to present the full case regarding extra-judicial statements to both judge and assessors. However, in this case, the evidence against the appellant was overwhelming even without the disputed statement, and the proce…
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