Rex v Njeroge (Con. C. 275/1932.)
Rex v Njeroge (Con. C. 275/1932.) [1932] EACA 15 (1 January 1932)
The court held that the statement made by the accused to the police officer while in custody was inadmissible as evidence under Section 25 of the Evidence Act and relevant case law. Furthermore, any evidence overheard by a third party (Mutoro) was also inadmissible. With the exclusion of all inadmissible evidence, no admissible evidence remained to implicate the accused. According to Section 196A of the Criminal Procedure Code, the Magistrate was required to dismiss the case without calling upon the accused to enter a defence. The accused's answer in open court, although construed as a judici…
Source excerpt
- Confession Evidence
- Admissibility Of Statements
- Witchcraft Offences
- Judicial Confession
- Criminal Procedure
- Burden Of Proof