Wakilii

Rex v Machoka (Criminal Appeal No. 174 of 1940)

East African Court of Appeal · [1940] EACA 25 · 1940 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for murder by H.M. Supreme Court of Kenya
Decision
Conviction for murder upheld; appellant's appeal dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A statutory statement under section 219 of the Kenya Criminal Procedure Code that lacks proper certification may be admitted in evidence where the committing magistrate testifies that the statement was taken in accordance with statutory requirements and accurately records the accused's statement. The procedural defect in certification can be cured by calling the magistrate to prove compliance. Rex v Njuguna distinguished on the basis that no attempt had been made in that case to rectify the defect by calling the magistrate.

Outcome

Conviction for murder upheld; appellant's appeal dismissed

Facts

The appellant killed the deceased after forming an intention to do so. He raised witchcraft as a defence, claiming he acted out of fear for his life. The evidence showed he killed the woman because he attributed the deaths of some of his relatives to her as a witch. A statement made under section 219 of the Kenya Criminal Procedure Code was admitted at trial, but the certificate was defective as it stated only that the statement was taken in the magistrate's presence and hearing and was correctly translated, without certifying compliance with all statutory requirements. The committing magistrate was called at trial and testified that the statement accurately contained the whole statement made by the accused and had been taken in accordance with section 219 requirements.

Issues

  1. Whether a statement made under section 219 of the Kenya Criminal Procedure Code but not duly certified can be admitted in evidence when the magistrate who conducted the preliminary inquiry is called as a witness and proves that the statement was taken in compliance with statutory requirements.

Orders

  • Appeal dismissed.

Rules and key headnotes

Criminal Procedure — Statutory Statements — Defective Certification — Cure by Magistrate's Testimony
Where a statement made under section 219 of the Kenya Criminal Procedure Code is not properly certified in accordance with the statutory requirements, the defect may be cured by calling the committing magistrate as a witness to prove that the statement was taken in compliance with those requirements and accurately records what the accused said.
Criminal Procedure — Statutory Statements — Distinction from Rex v Njuguna
Rex v Njuguna, which held that an uncertified statutory statement was wrongly admitted, is distinguishable where the committing magistrate is called to certify compliance with statutory requirements, as no such attempt to rectify the procedural defect was made in Njuguna.
Murder — Witchcraft Defence — Fear of Immediate Danger
A belief that the deceased was a witch who caused the deaths of the accused's relatives does not constitute fear of immediate danger to life sufficient to establish mitigating circumstances in law for a charge of murder.

Legislation cited (1)

  • Kenya Criminal Procedure Code s.219

Cases cited (1)

  • Rex v Njuguna (1 E.A.C.A. 65)

Full judgment

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

Rex v Machoka (Criminal Appeal No. 174 of 1940) [1940] EACA 25 (1 January 1940)
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.