Sesero v Rex (Criminal Appeal No. 124 of 1951) [1951] EACA 183 (1 January 1951)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 124 of 1951
Judge
Lockhart-Smith, J, Nihill P, Worley VP
The Court of Appeal for Eastern Africa upheld a murder conviction, rejecting provocation on the facts and noting a non-prejudicial committal-stage procedural error.
Rex v Kunjanga (Criminal Appeal 27/1934.) [1935] EACA 64 (1 January 1935)
Court
East African Court of Appeal
Case number
Criminal Appeal 27/1934.
Judge
Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Sheridan CJ
The court held that an inculpatory statement made by an accused in answer to a charge cannot be used against him if a plea of not guilty is entered, as the plea constitutes a general denial and statements construed as the plea cannot also be used to derogate from it. Furthermore, the court found that the interrogation of the accused by the Magistrate regarding discrepancies between his unsworn statement and his statement at the preliminary inquiry was improper, as such questioning is only permissible to clarify something obscure or ambiguous, which was not the case here. Despite these irregul…