Rex v Anyoro (Cr. App, No. 194 of 1938.) [1938] EACA 140 (1 January 1938)

## COURT OF APPEAL FOR EASTERN AFRICA

## Before Sir Joseph SHERIDAN, C. J. (Kenya); WHITLEY, C. J. (Uganda); and BARTLEY, J. (Tanganyika)

REX, Respondent (Original Prosecutor) v.

OKELLO BYENZI s/o ANYORO, Appellant (Original Accused) Cr. App. No. 194 of 1938.

Appeal from conviction by H. M. High Court of Uganda.

Criminal Law-Evidence Ordinance (Laws of Uganda), Cap. 68, sec. 24—Confession to a Chief.

Accused appealed from a conviction of murder of a child. Theevidence included that of two children of tender years who said they had seen the appellant kill the deceasd with a spear. The Wan Pach (Chief) of Alegi gave evidence inter alia that the accused hadvoluntarily confessed to him that he had killed the child and that the appellant had shown him where the spear was to be found.

Held (8-11-38).—That the confession to the Chief was not ipso facto inadmissiblein evidence.

Appellant, absent, unrepresented.

Henderson. Crown Counsel (Tanganyika), for the Crown.

JUDGMENT (delivered by Sir Joseph Sheridan, C. J.).—We think that there is sufficient corroboration of the evidence of the children in the conduct of the appellant in taking the Chief to the spot where a spear was hidden in the grass and revealed by the appellant to the Chief. As to whether the confession made to the Chief is admissible whatever the intention of the Legislature may have been we are not prepared to say that a confession made to a Chief is inadmissible on a strict reading of the Evidence Ordinance (Laws of Uganda, Revised Edition), Cap. 68, sec. 24. If it is intended that confessions made to-Chiefs should be excluded then the law in our opinion will require to be further amended.

The appeal is dismissed.