Crown v Kamuhu and Another (Confirmation Case No. 151 of .1943) [1943] EACA 72 (1 January 1943)

## CRIMINAL CONFIRMATION

### BEFORE SIR JOSEPH SHERIDAN, C. J., AND LUCIE-SMITH, J.

### CROWN, Prosecutor

# (1) MWANGI s/o KAMUHU, (2) NELSON WAWERU s/o WADUIA. Accused Confirmation Case No. 151 of 1943

Criminal Procedure—Plea of guilty—Withdrawal of plea—Discretion of $$ $\mathcal{L}$ $\mathbf{I}$

### Accused, Mwangi and Nelson.

Stacey, Crown Counsel, for the Crown.

ORDER (15-4-43).—Crown Counsel submits and we agree that the case of Rex v. Plummer (1902) 2 K. B. 339 is an authority in favour of the Magistrate possessing a discretion to allow an accused person to withdraw his plea of guilty prior to sentence. This being so, there was a misdirection by the learned Magistrate on the issue of discretion and we accordingly set aside the proceedings and direct that there be fresh proceedings before Mr. Coffey, Resident Magistrate.