Malakoni v Reginam (Criminal Appeal No. 156 of 1955) [1955] EACA 350 (1 January 1955)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 156 of 1955
Judge
Holmes, J (Kenya), Nihill P, Worley VP
The Court of Appeal held that the trial judge misdirected himself on the burden of proof and drunkenness. Murder was quashed and manslaughter substituted.
Hook v Rex (Criminal Appeal No. 217 of 1951 .) [1951] EACA 128 (1 January 1951)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 217 of 1951 .
Judge
Bourke J, Hearne CJ
The East African Court of Appeal quashed Commander W. Logan Hook’s conviction after finding misdirection on evidence of previous fires and prejudicial questioning.
Hussein and Others v Reginam (Criminal Appeal No. 143 of 1956) [1950] EACA 568 (1 January 1950)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 143 of 1956
Judge
Briggs (Acting Vice-President), Edmonds J, Worley, P
The appellate court quashed convictions after holding the pleas were not unequivocal guilty pleas and the trial judge improperly presumed evidence not called.
Masakhu v Reginam (Criminal Appeal No. 485 of 1955) [1950] EACJ 443 (1 January 1950)
Court
East African Court of Justice
Case number
Criminal Appeal No. 485 of 1955
Judge
Bacon, JA, Briggs (Acting Vice-President), Worley, P
The Court of Appeal held that a right to use deadly force against a violent felony does not extend to a situation where the attempted rape had already ceased.
Bray v Rex (Criminal Appeal No. 251 of 1949) [1949] EACA 50 (1 January 1949)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 251 of 1949
Judge
Edwards CJ, Graham Paul CJ, Gray CJ
The Court of Appeal for Eastern Africa dismissed a murder appeal, holding that the judge’s recall of the jury cured an omission in the summing-up and caused no prejudice.
Laurie v Rex (Criminal Appeal No. 110 of 1949) [1949] EACA 40 (1 January 1949)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 110 of 1949
Judge
Graham Paul CJ, Gray CJ, Nihill, C.J
The Court of Appeal for Eastern Africa dismissed a criminal appeal, holding that omissions in the trial judge’s summing up did not amount to misdirection or cause a miscarriage of justice.
Rex v Biguli and Another (Criminal Appeals Nos. 158 and 159 of 1947) [1947] EACA 43 (1 January 1947)
Court
East African Court of Appeal
Case number
Criminal Appeals Nos. 158 and 159 of 1947
Judge
Edwards CJ, Graham Paul CJ, Nihill P
The Court upheld one murder conviction arising from arson but quashed the co-accused’s conviction, holding the counselling did not make death a probable consequence.
Rex v Brabin and Another (Criminal Appeals Nos. 127 and 128 of 1947) [1947] EACA 29 (1 January 1947)
Court
East African Court of Appeal
Case number
Criminal Appeals Nos. 127 and 128 of 1947
Judge
Bartley J, Edwards CJ, Graham Paul CJ
The Court of Appeal for Eastern Africa upheld bribery convictions, holding that evidence of a prior corrupt transaction with the same complainant was admissible.
Rex v Kenduiwa (Criminal Appeal No. 93 of 1945) [1945] EACA 20 (1 January 1945)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 93 of 1945
Judge
Gray CJ, Manning J, Sheridan CJ
The trial Judge misdirected himself by treating the repeated use of a knife as conclusive against the defence of legal provocation. The correct approach is to determine whether the insult was sufficient to deprive a person of the accused's class of self-control and whether the accused was in fact deprived of self-control at the time of the killing. The use of a knife and the number of times it was used are relevant but not determinative. The Court found that, given the circumstances and the acceptance of the accused's account, the legal requirements for provocation were met. Therefore, the co…
Rex v Nusurupia and Another (Criminal Appeals Nos. 167 and 168 of 1941) [1941] EACA 89 (1 January 1941)
Court
East African Court of Appeal
Case number
Criminal Appeals Nos. 167 and 168 of 1941
Judge
Sheridan, (C.J. Kenya), Whitley CJ, Wilson J
The Court of Appeal held that a pre-offence statement was not a confession and could not be used against a co-accused under section 30 of the Indian Evidence Act.