Poppe and Another v Rex
Poppe and Another v Rex (Criminal Appeal No. 250 of 1949) [1951] EACA 134 (1 January 1951)
The Court held that under section 221 of the Kenya Criminal Procedure Code, an accused person who does not claim to be a European before the subordinate court relinquishes the right to be tried under the special provisions for Europeans. The wording and context of Part VII make clear that the right is not automatic but must be asserted by the accused. In the present case, the appellants did not make such a claim, and the magistrate properly proceeded with the ordinary trial procedure. The Supreme Court's interpretation was based on a misconception of section 218 and failed to consider the mod…
Source excerpt
- Trial Procedure
- Rights Of Europeans
- Interpretation Of Statutes
- Criminal Appeal
- Jurisdiction Of Subordinate Courts