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1 Jan 1952

Criminal Law [1952] EACA 253

Gidagurija and Another v Regina

Gidagurija and Another v Regina (Criminal Appeals Nos. 172 and 173 of 1952) [1952] EACA 253 (1 January 1952)

Court: East African Court of Appeal
Case number: Criminal Appeals Nos. 172 and 173 of 1952
Judges: Nihill P, Worley VP

The Court found that the interpreter did not act in a police capacity and took exceptional care to ensure the statements were voluntary and properly interpreted. The extra-judicial statements were therefore admissible. For Gamunga, the combination of his presence at the scene, failure to dissociate from the murder, post-crime association with the killer, and his claim for 'gimarda' as a reward for the killing provided sufficient corroboration and supported the trial judge's finding of guilt. For Waida, however, the evidence was insufficient to establish his guilt beyond reasonable doubt. His…

Source excerpt

Murder
Admissibility Of Confession
Customary Law
Aiding And Abetting
Rules Of Evidence

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1 Jan 1947

Civil Procedure [1947] EACA 8

Said and Others v Ghulum

Said and Others v Ghulum (Civil Appeal No. 21 of 1946) [1947] EACA 8 (1 January 1947)

Court: East African Court of Appeal
Case number: Civil Appeal No. 21 of 1946
Judge: Bartley J, Graham Paul CJ, Nihill P

The Court held that the Indian Evidence Act, having been applied to Kenya, governs all judicial proceedings in courts, including the Kathi's Court, regardless of the religious background of the parties or the nature of the dispute. The Mohammedan rules of evidence, being non-statutory and expressly repealed by section 2(1) of the Act, no longer apply to the reception of evidence in such courts. The Application to Natives of Indian Acts Ordinance (Cap. 4) does not restrict the Evidence Act's application, as the Act pertains to courts and judicial proceedings, not to persons. Consequently, the…