Rex v Kisang (Criminal Appeal No. 148 of 1946) [1946] EACA 40 (1 January 1946) | Murder | Esheria

Rex v Kisang (Criminal Appeal No. 148 of 1946) [1946] EACA 40 (1 January 1946)

Full Case Text

## COURT OF APPEAL FOR EASTERN AFRICA

Before SIR JOSEPH SHERIDAN, C. J. (Kenya), SIR NORMAN WHITLEY, C. J. (Uganda); and SIR G. GRAHAM PAUL, C. J. (Tanganyika)

REX. Respondent (Original Prosecutor)

v

CHANGUONY ARAP KISANG, Appellant (Original Accused) Criminal Appeal No. 148 of 1946

## (Appeal from decision of H. M. Supreme Court of Kenya)

Criminal Law-Murder-Plea of Guilty.

On being charged with the murder of one Talaa w/o Kisang arap Kipsinat the accused stated "It is true I killed her because she had bewitched me very badly—I fully believed she had bewitched me. I was ill again so I decided to kill her on account of the misery she had done me and my family. I understand that my words may be taken as a plea of guilty to murder and that the witnesses will not be called".

The accused was convicted of murder on his own plea.

Held (23-7-46).—That as there is no statutory provision invalidating a plea of guilty to a charge<br>of murder it was in no sense improper in the circumstances of this case for a Judge to convict on such a plea.

Appeal dismissed.

Appellant absent, unrepresented.

Phillips. Crown Counsel (Kenya), for the Crown.

JUDGMENT (delivered by SIR JOSEPH SHERIDAN, C. J.).—This is one of those rare cases in which it was in no sense improper for a Judge to accept a plea of guilty to murder. The accused was represented by Counsel and must have understood what he was charged with and the consequences of his plea. There is no statutory provision invalidating such a plea. From the words of the plea and the depositions it would appear that the accused had a genuine belief that the deceased had bewitched him and as one witness before the Magistrate stated that she was reputed to be a bad witch. Killing a person as a result of such belief is murder as has frequently been held by this Court. The question of the accused's belief that the deceased was a witch and was bewitching him is a matter for consideration by the Executive. The appeal is dismissed.