Wakilii

Rex v Kimenja (Cr. App. 73-1933.)

East African Court of Appeal · [1933] EACA 20 · 1933 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction
Decision
Conviction upheld; appeal dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court dismissed the appeal. The trial judge properly addressed the defence of intoxication in accordance with established principles. Parole evidence of a confession made to a Magistrate was properly admitted under English practice and procedure applicable in Kenya, provided the confession was proved to be free and voluntary. The Evidence Act s.24 permits such evidence where the confession was not preceded by inducement from a person in authority.

Outcome

Conviction upheld; appeal dismissed

Facts

The appellant was convicted of a crime. He appealed on the ground that the crime was committed while he was under the influence of tembo (an intoxicating liquor). During the trial, a witness (Mr. Evans) gave parole evidence of a confession the accused had made to him as a Magistrate. The accused had not signed the confession. The trial judge admitted this evidence after being satisfied that the confession was voluntary and made without inducement. The appellant was absent and unrepresented at the appeal hearing.

Issues

  1. Whether the crime was committed while the accused was under the influence of intoxicating liquor (tembo).
  2. Whether parole evidence of a confession made by the accused to a Magistrate but not signed by the accused is admissible.

Orders

  • Appeal dismissed.

Rules and key headnotes

Evidence — Confessions — Admissibility of Parole Evidence — Confession to Magistrate Not Signed by Accused
Parole evidence of a confession made by an accused person to a Magistrate is admissible even where the accused did not sign the confession, provided it is affirmatively proved that the confession was free and voluntary and not preceded by any inducement from a person in authority.
Criminal Procedure — Confessions — Recording Requirements — Application of English Practice
Where the Criminal Procedure Code contains no provisions for the recording of an accused's confession made otherwise than at a preliminary inquiry, the practice and procedure observed by His Majesty's High Court of Justice in England at the date of the Code's coming into operation must be followed, subject to specific restrictions in the Evidence Act.
Evidence — Confessions — Voluntariness — Burden of Proof
In order that evidence of a confession may be admissible, it must be affirmatively proved that the confession was free and voluntary, that is, was not preceded by any inducement to the prisoner to make a statement held out by a person in authority, or that it was not made until after such inducement had clearly been removed.
Evidence — Confessions — English Law Requirements — Form and Manner of Taking
Under English law as at May 1930, a confession need not be made to any special person or class of persons, nor need it be reduced into writing.

Legislation cited (9)

Cases cited (3)

  • Kingori v Rex (Cr. Appeal 135 of 1931)
  • Rex v Ali bin Kavanga Msumbwa (1933) 13 KLR 60
  • Reg v Thompson (1893) 2 QB 12

Full judgment

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

Rex v Kimenja (Cr. App. 73-1933.) [1933] EACA 20 (1 January 1933)
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.