Uganda Case Law

Wamai and Others v Reginam

Wamai and Others v Reginam (Criminal Appeals No. 1051 and 1052 of 1954) [1955] EACA 330 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeals No. 1051 and 1052 of 1954

Judge

Nihill P, Sir Enoch Jenkins, JA, Worley VP

The Court held that a person acquitted of murder cannot lawfully be convicted as an accessory after the fact to that murder unless specifically charged with that offence, as accessory after the fact is not minor and cognate to murder. This principle, affirmed in Velezi Kashizha v. R., applies equally under the Criminal Procedure Codes of Uganda, Kenya, and Tanganyika. The Court further held that delivery of judgment is an integral part of the trial, and the discretion to exclude the public under section 77 of the Criminal Procedure Code extends to judgment delivery, but must be exercised only…

Source excerpt

• Murder
• Accessory After The Fact
• Open Court Principle
• Judgment Delivery
• Judicial Discretion
• Trial Procedure