Rex v Kija and Others (Criminal Appeals Nos. 186, 187 and 188 of 1947) [1947] EACA 46 (1 January 1947)
Court
East African Court of Appeal
Case number
Criminal Appeals Nos. 186, 187 and 188 of 1947
Judge
Bartley J, Graham Paul CJ, Nihill P
The Court of Appeal for Eastern Africa held that a judge’s strong advice to unrepresented accused not to say anything rendered their murder trial a nullity.
Rex v Dodo (Cr. App. No. 103/1935.) [1936] EACA 42 (1 January 1936)
Court
East African Court of Appeal
Case number
Cr. App. No. 103/1935.
Judge
Abrahamas, C.J. (Tanganyika), Fretz, Ag. C.J. (Zanzibar), Sheridan CJ
The court held that the evidence was sufficient to support the conviction for manslaughter by negligence, applying the rule from Rex v. Bateman. The essential elements—duty of care, breach of duty, causation of death, and gross negligence—were satisfied. The court also emphasized the procedural impropriety of not calling important witnesses, particularly in cases involving unrepresented accused persons, as such individuals cannot be expected to understand their right or ability to call and question witnesses. Nonetheless, the procedural flaw did not vitiate the conviction in this instance, an…