Wakilii

Rex v Chepkwoin and Others (Con. C. 84-1932.)

East African Court of Appeal · [1932] EACA 16 · 1932 Transfer Order Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal confirmation of sentences following transfer of case between magistrates
Decision
Sentences confirmed following validation of transfer order

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that section 77(a) of the Criminal Procedure Code, when read with section 69, permits transfer of a criminal case to a Magistrate who lacks territorial jurisdiction over the place where the offence was committed, provided that Magistrate is otherwise empowered under section 4 to try such case within the transferring Magistrate's jurisdiction. Section 69 expressly contemplates such transfers by making trial within territorial limits subject to the powers of transfer conferred by sections 77 and 79.

Outcome

Sentences confirmed following validation of transfer order

Facts

The case was transferred for trial to the Second Class Subordinate Court at Kericho by the Resident Magistrate at Kisumu. The offence was committed in the Central Kavirondo District. Ordinarily, the District Commissioner at Kericho would have had no territorial jurisdiction under section 69 of the Criminal Procedure Code. The transfer purported to be made under section 77(a) of the Criminal Procedure Code. The question arose whether such a transfer was valid when the receiving Magistrate lacked territorial jurisdiction over the place where the crime was committed.

Issues

  1. Whether the power to transfer a case under section 77(a) of the Criminal Procedure Code includes power to transfer it to a Magistrate outside the local limits of whose jurisdiction the crime was committed, provided he is otherwise empowered to inquire into or try such case.

Orders

  • The Order of the Resident Magistrate transferring the case is within his power.
  • The sentences are confirmed.

Rules and key headnotes

Criminal Procedure — Transfer of Cases — Territorial Jurisdiction
The power to transfer a case under section 77(a) of the Criminal Procedure Code includes power to transfer it to a Magistrate within whose local limits the crime was not committed, provided that Magistrate is otherwise empowered to inquire into or try such case within the local limits of the transferring First Class Magistrate's jurisdiction.
Statutory Interpretation — Reading Provisions Together — Criminal Procedure Code
Section 77(a) of the Criminal Procedure Code must be read together with section 69, which provides that every offence shall ordinarily be inquired into and tried by a Court within whose local limits it was committed subject to the powers of transfer conferred by sections 77 and 79, thereby contemplating transfers to Magistrates without territorial jurisdiction over the place of commission.

Legislation cited (4)

  • Criminal Procedure Code s.77(a)
  • Criminal Procedure Code s.69
  • Criminal Procedure Code s.4
  • Criminal Procedure Code s.79

Full judgment

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Rex v Chepkwoin and Others (Con. C. 84-1932.) [1932] EACA 16 (1 January 1932)
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.