Rex v Mkisii (Cr. Rev. Case No. 102-1937)
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.
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Holding
The Court held that a subordinate court of the second class had jurisdiction under section 10(1) of the Criminal Procedure Code to try a native accused for defilement of a girl under sixteen years contrary to section 128(1) of the Penal Code. The Court confirmed the conviction and sentence, noting that previous cases had tacitly recognized such jurisdiction.
Outcome
Conviction and sentence of one year imprisonment with hard labour confirmed
Facts
The accused, a native, was tried and convicted by the subordinate court of the second class at Kipini for defiling a girl under the age of sixteen years, contrary to section 128 of the Penal Code. He was sentenced to one year imprisonment with hard labour. The matter came before the Court of Appeal for Eastern Africa on revision to determine whether the subordinate court had jurisdiction to try the case. The accused admitted his guilt.
Issues
- Whether a subordinate court of the second class had jurisdiction to try a native accused under section 128(1) of the Penal Code, having regard to section 10(1) of the Criminal Procedure Code.
Orders
- Conviction and sentence confirmed.
- Sentence to run from the date of conviction.
Rules and key headnotes
Legislation cited (3)
- Penal Code s.128
- Penal Code s.128(1)
- Criminal Procedure Code s.10(1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.