Rex v Selwyn and Others (Criminal Case No. 110 of 1934.) [1934] EACA 13 (1 January 1934)

#### ORIGINAL CRIMINAL.

## Before LUCIE-SMITH, Ag. C. J.

### $REX$ (Prosecutor)

# HELEN SELWYN AND FIVE OTHERS (Accused).

#### Criminal Case No. 110 of 1934.

- Criminal law—Murder—Trial of European by Jury—Application by Crown, prior to trial, for change of venue of trial from district in which alleged offence took place to Nairobi on ground of unlikelihood of fair and impartial trial in that district owing to local prejudice in favour of accused—Competency of application by Crown—Whether such application necessary—Jurisdiction of Supreme Court—Criminal Procedure Code, sections 4, 6, 68, 238, 241 and 242. - Held (20-8-34).—That the application was unnecessary because the Supreme Court has full jurisdiction over the whole of the Colony and Protectorate of Kenya and that, once a case has been committed by a subordinate Court, the Chief Justice can order a sitting at such place and on such day as he sees fit. - Held Further.—That it is in the discretion of the Attorney-General to decide at which sessions of the Supreme Court he will file his information and, that should the accused on being served with the information under section 238 object to the place so selected. it is for the accused to apply to the Court to fix some other place, or the Court on its own motion may fix some other place.

Bruce (Solicitor-General) for Crown-Applicant.

Stratton for Accused.

This was an application by the Crown for the trial of an European, who had been committed by the magistrate at Kitale on a charge of murder, to take place in Nairobi instead of at Kitale or Eldoret. The application was supported by affidavits the intention of which was to show that there was a likelihood of bias in favour of the accused on the part of an European jury at Kitale or Eldoret. The application for change of venue was refused for the reasons given in the ruling.

RULING.—In my opinion this application is unnecessary. Section 4 and section 6 of the Criminal Procedure Code give this Court full jurisdiction over the whole of the Colony and Protectorate of Kenya. That is to say, that within the boundaries of the Colony and Protectorate, the Supreme Court has no local jurisdiction. Once a case is committed by a subordinate Court acting within its local jurisdiction then the Chief Justice can order a sitting at such place and on such day as he sees fit. section 68 Cr. P. C.

Sections 241 and 242 Cr. P. C. confer certain powers and discretions on the Attorney General. It seems to me that it is in this discretion of the Attorney General to decide at which sessions of the Supreme Court he will file his information. Should the accused person on being served with the information under section 238 object to the place so selected then it is for the accused to apply to the Court to fix some other place, or the Court on its own motion may fix some other place.

This application will, therefore, be refused.