Rex v Mkisii (Cr. Rev. Case No. 102/1937) [1937] EACA 194 (1 January 1937)

## **CRIMINAL REVISION**

BEFORE SIR JOSEPH SHERIDAN, C. J. AND LANE, AG. J.

#### **REX** (Prosecutor)

## ν.

# MACHARARA s/o SAKAGWA MKISII, Accused

#### Cr. Rev. Case No. 102/1937

Jurisdiction—Subordinate Court—Defilement—Penal Code, section 128 Criminal Procedure Code, section 10 (1).

The accused, a native, was tried, convicted and sentenced to imprisonment with hard labour for one year by the subordinate court of the second class at Kipini on a charge of defiling a girl under the age of sixteen contra section 128 of the Penal Code.

Held (23-2-37).—That the Court had jurisdiction under section 10 (1) of the Criminal Procedure Code.

Phillips, Ag. Crown Counsel for the Crown.

JUDGMENT (delivered by Sir Joseph Sheridan, C. J.).—The point submitted to us in revision is whether the magistrate had power to try a case, the accused being a native, under section 128 (1) Penal Code, regard being had to section 10 (1) of the Criminal Procedure Code. We are left in no doubt as to his having jurisdiction and there are many cases recorded where this Court by confirming sentences passed under section 128 (1) has tacitly recognized the existence of such jurisdiction. The accused has admitted his guilt in the present case and the sentence is therefore confirmed, to run from the date of the conviction.