Rex v Marwa (Cr. App. 40/1933.) [1933] EACA 17 (1 January 1933)

## COURT OF APPEAL FOR EASTERN AFRICA.

Before SIR JACOB BARTH, C. J. (Kenya), SIR JOSEPH SHERIDAN, C. J. (Tanganyika), and LAW, Ag. C. J. (Uganda).

## $REX$ (Respondent)

## JWISI S/O MARWA (Appellant). Cr. App. $40/1933$ .

- Appeals from Special District Courts to Court of Appeal—Section 18. Uganda Criminal Procedure Code (Kenya Criminal Procedure Code, section 18)—Jurisdiction of Court of Appeal— Article 2, East Africa Court of Appeal Order in Council, 1921. - Confirmation of sentences-Section 16, Uganda Criminal Procedure Code (Kenya Criminal Procedure Code, section 16). - Held (25-3-33).—That section 18 of the Criminal Procedure Code does<br>not provide a right of appeal to the Court of Appeal from sen-<br>tences imposed by a Special Court other than death sentences.

Reece, Crown Counsel, for Crown.

Appellant not represented.

Reece submitted that Article 2 of the Court of Appeal Order in Council, 1921, did not confer jurisdiction to entertain appeals from Special District Courts.

JUDGMENT.-In this appeal from a conviction for manslaughter by a Special District Court in Uganda, the Crown has raised the objection that no appeal lies to this Court. Article 2 of the Eastern Africa Court of Appeal Order in Council, 1921, provides that this Court shall have jurisdiction to hear and determine appeals from the Courts of the territories to which the Order in Council extends (such territories include Uganda, vide Article 1 of the said Order) in all causes and matters in which under any law for the time being in force in any of such territories an appeal lies to this Court. Appeals to this Court in criminal matters are provided in Uganda by section 332 of the Criminal Procedure Code. That section provides that any person convicted on a trial held by the High Court may appeal to this Court. Section 14 of the Criminal Procedure Code gives the Governor in Council power to direct that any area in the Uganda Protectorate shall be a Special District for the purposes of the Criminal Procedure Code, and section 15 gives the Governor power to confer upon any officer holding a subordinate court of the first or second class within such special district power to try natives for offences under sections 35, 36 and 37 of the Penal Code and for the offences of murder, manslaughter, or rape, and for attempts to commit or aiding, abetting, counselling or procuring

the commission of any of such offences. The procedure applicable to the trial of any such offence by the Magistrate upon whom such jurisdiction is conferred is provided in the section. Under section 16 of the Criminal Procedure Code, no sentence of death or imprisonment exceeding six months, or sentence of corporal punishment exceeding 12 strokes, imposed under the powers conferred by section 15 shall be carried into effect, and no fine exceeding £50 imposed under such powers, shall be levied until such sentence has been confirmed by the High Court.

Section 18 of the Criminal Procedure Code provides that an accused person sentenced to death shall be informed on the receipt of the confirmation of such sentence by the High Court that he may appeal to this Court as if he had been convicted on a trial held by the High Court.

This appears to be a special provision for appeals to this Court in the case of death sentences imposed by a Special Court; the Code is silent as to appeals to this Court in the case of sentences other than death sentences imposed by a Special Court under the powers conferred by section 15 of the Criminal Procedure Code. The Court is of opinion that the objection to this Court's jurisdiction in the appeal now before it is well founded for the reasons stated above. The appeal is accordingly rejected.