Rex v Kibor (Criminal Revision Case No. 287 of 1941) [1940] EACA 71 (1 January 1940)

### CRIMINAL REVISION

#### Before LUCIE-SMITH and HAYDEN, JJ.

#### REX, Prosecutor

$\overline{v}$ .

# KIBET ARAP KIBOR, Accused

# Criminal Revision Case No. 287 of 1941

Deaf mute-Order of Supreme Court on conviction by subordinate court-Criminal Procedure Code, section 162.

The facts appear from the order.

Held (10-11-41).—That when a deaf mute, who was unable to understand the proceedings at his trial, was convicted of the offence with which he was charged and the case reported to the Supreme Court under section 162 of the Criminal Procedure Code, the correct order for the Supreme Court to make is that the convict be detained during the pleasure of His Excellency the Governor

#### Accused absent unrepresented.

### Spurling, Crown Counsel, for the Crown.

ORDER.-In this case the accused is a deaf mute and by reason of this visitation was unable to understand the proceedings in Court. The Acting Resident Magistrate convicted and, acting in accordance with the provisions of section 162, Criminal Procedure Code, forwarded the proceedings to this Court with his report.

The learned Attorney General submitted that the proper order for this Court to make is that the convict should be detained during His Majesty's pleasure. In support of this submission the learned Attorney General has referred to the commentary of Sohoni (12th Ed.) p. 757, which reads as follows:-

"The provisions of this section (section 341 of the Indian Code, which is the same as our section 162) do not apply to a person who is of unsound mind. They apply to persons who are unable to understand the proceedings from deafness or dumbness, or ignorance of the language of the country, or other similar cause. In such cases the High Court would order the detention of the prisoner during His Majesty's pleasure."

Our section 162 of the Criminal Procedure Code being the same as section 341 of the Indian Criminal Code, we are of opinion that the submission of the learned Attorney General is correct.

We order that the convict be detained during the pleasure of His Excellency the Governor.

### RULES OF COURT, 1940 AND 1941

### **BANKRUPTCY ORDINANCE, 1930**

Table C Scale of Fees, Amendment of—Page 556/1940, Proclamations, Rules and Regulations.

#### **CIVIL PROCEDURE ORDINANCE, 1924**

Probate and Administration (Contested Suits) Rules, 1940-Page 211/1940. Proclamations, Rules and Regulations.

#### 101

# PRIZE COURTS ACT, 1894

# Rules of Court

(Kenya) (Prize Matters) Rules, 1939—Page 73/1940, Proclamations, Rules and Regulations.

#### 1941

# CIVIL PROCEDURE ORDINANCE, 1924

Amendment No. 1 Rules, 1941—Page 270/1941, Proclamations, Rules and Regulations.

Amendment No. 2 Rules, 1941—Page 307/1941, Proclamations, Rules and Regulations.

### INCREASE OF RENT AND OF MORTGAGE INTEREST (RESTRICTIONS) ORDINANCE, 1940

Increase of Rent and of Mortgage Interest (Restrictions) Rules, 1941—Page 297/41, Proclamations. Rules and Regulations.

### MATRIMONIAL CAUSES ORDINANCE. 1939

Amendment Rules, 1941—Page 305/1941, Proclamations, Rules and Regulations.

# MINING ORDINANCE, 1940

### Rules of Court

(Costs in disputes under the Mining Ordinance), No. 1 of 1941—Page 311/1941, Proclamations, Rules and Regulations.