Wakilii

Kariwa v Rex (Criminal Appeal Nos. 211, 212, 213, 214 and 215 of 1949)

East African Court of Appeal · [1949] EACA 49 · 1949 Appeals Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated criminal appeals from conviction for murder by H.M. Supreme Court of Kenya
Decision
Convictions for murder upheld for all five appellants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that section 135 of the Criminal Procedure Code permits multiple murder counts in one information where offences are founded on the same facts or form part of a series of similar offences. The trial court properly exercised its discretion in refusing separate trials. All appellants were rightly convicted of murder based on common intent and purpose, even where some did not personally kill, as they were armed and active members of a raiding party formed with the deliberate joint intention of killing.

Outcome

Convictions for murder upheld for all five appellants

Facts

Five appellants were jointly charged with six counts of murder in one information. The evidence showed that all appellants were members of a raiding party that travelled a long distance together with a deliberate joint intention and purpose of attacking and killing. The raid was carried out and six persons were killed. The first and fourth appellants did not personally kill anyone but were present as armed and active members of the raiding party. The appellants made statements to a magistrate which were admitted in evidence. The trial court decided to try all counts against all appellants jointly rather than ordering separate trials.

Issues

  1. Whether it is permissible under section 135 of the Criminal Procedure Code to try five appellants on six counts of murder in one information.
  2. Whether the trial court properly exercised its discretion in refusing to order separate trials.
  3. Whether all appellants were properly convicted of murder where some did not personally kill anyone but participated in a raiding party with common intent.

Orders

  • All appeals dismissed.

Rules and key headnotes

Criminal Procedure — Joinder of Offences — Multiple Murder Counts in Single Information
Where several offences are founded upon the same facts or form part of a series of offences of the same or similar character, they may be charged in the same information as separate counts under section 135 of the Criminal Procedure Code, even where multiple murder charges are involved.
Criminal Procedure — Separate Trials — Judicial Discretion
The court has a judicial discretion under section 135 of the Criminal Procedure Code to order separate trials if it considers an accused may be embarrassed in his defence by reason of being charged with more than one offence in the same information.
Murder — Common Intent — Liability of Participants Who Did Not Personally Kill
Where appellants are members of a raiding party formed with a common intent and purpose of attacking and killing, all members are guilty of murder even if some did not personally kill anyone, provided they were armed and active members of the party acting in furtherance of the common purpose.

Legislation cited (1)

  • Criminal Procedure Code s.135

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Kariwa v Rex (Criminal Appeal Nos. 211, 212, 213, 214 and 215 of 1949) [1949] EACA 49 (1 January 1949)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.