Wakilii

Rex v Deaf and Dumb (Criminal Case No. 75 of 1947)

East African Court of Appeal · [1947] EACA 82 · 1947 Detention Ordered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Reference to Supreme Court under section 167 Criminal Procedure Code following appeal from magistrate's conviction where accused was unable to understand proceedings
Decision
Accused ordered detained during the Governor's pleasure

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Supreme Court held that the discretion conferred by section 167 of the Criminal Procedure Code to pass such orders as it thinks fit in proceedings referred to it where an accused person has been unable to understand the proceedings in the lower court is very wide and not restricted to ordering detention during the Governor's pleasure. The Court may make various forms of order depending on the circumstances. In this case, involving a deaf mute convicted of robbery with violence who could not be made to understand his procedural rights, the Court ordered detention during the Governor's pleasure.

Outcome

Accused ordered detained during the Governor's pleasure

Facts

The accused, a deaf mute, was convicted by the Magistrate's Court, Nairobi, of robbery with violence contrary to section 289 of the Penal Code and sentenced to three years' imprisonment with hard labour. The accused appealed. The magistrate was able to communicate with the accused regarding the physical acts alleged against him (picking a man's pocket, hitting him on the head and running away) through signs and demonstration. However, the accused could not be made to understand the proceedings within the meaning of section 167 of the Criminal Procedure Code, particularly his rights regarding cross-examination of witnesses, his rights under section 209, and the right to call witnesses in his defence. The sentence was set aside and the case remitted to the magistrate to furnish a report under section 167. The matter was then referred to the Supreme Court to make such order as it thought fit.

Issues

  1. Whether the discretion given to the Supreme Court under section 167 of the Criminal Procedure Code, where an accused person has been unable to understand proceedings in the lower court, is restricted to ordering detention during the Governor's pleasure or extends to other orders.

Orders

  • The accused be detained during the pleasure of His Excellency the Governor.

Rules and key headnotes

Criminal Procedure — Section 167 Criminal Procedure Code — Accused Unable to Understand Proceedings — Discretion of Supreme Court
The discretion given to the Supreme Court under section 167 of the Criminal Procedure Code to pass such orders as it thinks fit in proceedings referred to it where an accused person has been unable to understand the proceedings in the lower court is a very wide one and is not restricted to the making only of an order that the accused be detained during the Governor's pleasure.
Criminal Procedure — Deaf Mute Accused — Understanding of Proceedings — Procedural Rights
An accused person who is a deaf mute may be found unable to understand proceedings within the meaning of section 167 even where the magistrate is able to communicate with the accused regarding the physical acts alleged against him, if the accused cannot be made to understand his procedural rights including the right to cross-examine witnesses, rights under section 209, and the right to call witnesses in his defence.

Legislation cited (4)

  • Criminal Procedure Code s.167
  • Penal Code s.289
  • Criminal Procedure Code s.209
  • Criminal Procedure Code s.341

Cases cited (1)

  • Rex v Kibet Arap Kibor (19 K.L.R. 100)

Full judgment

↓ Download PDF

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

Rex v Deaf and Dumb (Criminal Case No. 75 of 1947) [1947] EACA 82 (1 January 1947)
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.