[2004] KEHC 1740 (KLR)
The court held that the law applicable to the admissibility of confessions is that which was in force at the time the offence was committed. The subsequent amendment to the Evidence Act introducing Section 25A does not apply retrospectively. The court acknowledged the societal distrust of confessions under the old...
Source-derived case information.
- Citation
- [2004] KEHC 1740 (KLR)
- Parties
- Applicant: Republic; Defendant: Humphrey Ochieng Oduor
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 5 of 2001
- Procedural Posture
- Criminal Case / Ruling on Admissibility of Confession
- Outcome
- Confession admitted in evidence.
- Legal Topics
- Confession Admissibility, Retrospective Application, Evidence Act, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Humphrey Ochieng Oduor
Defendant
Procedural Posture
Criminal Case / Ruling on Admissibility of Confession
Legal Issues
- 1 Whether the confession made by the accused is admissible under the Evidence Act as amended by Section 25A.
- 2 Whether the new provisions on confessions can be applied retrospectively to benefit the accused.
Ratio Decidendi
The court held that the law applicable to the admissibility of confessions is that which was in force at the time the offence was committed. The subsequent amendment to the Evidence Act introducing Section 25A does not apply retrospectively. The court acknowledged the societal distrust of confessions under the old law but maintained that it is for the court to consider the value of such evidence in light of current attitudes. Accordingly, the confession in this case is admitted in evidence, and its weight will be assessed by the court.
Court Disposition
Confession admitted in evidence.
Orders
- The confession of the accused is admitted in evidence.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 5 OF 2001
REPUBLIC……………………………………………..PROSECUTOR
V E R S U S
HUMPHREY OCHIENG ODUOR………………………..ACCUSED
R U L I N G
The issue of the admission of Accused confessions has hitherto been resolved under Section 25 of the Evidence Act, Cap.80. This was the law when the offence charged in this trial is said to have been committed. However, since then the law has been amended by addition of Section 25A Evidence Act in which it is clearly stated the conditions under which confessions may be admitted in Criminal Cases.
The other issue raised in this case at this stage is whether the possession of new enactments can be applied retrospectively. So that the Accused can benefit by non admission of this case.
The general principle of law is that law is to be applied looking to the future not backwards. In this case the society has shown its distrust of confessions taken under the old law. It is for the court to consider the value of the evidence of confession at the present time.
I therefore rule that the confession in this case will be admitted in evidence. It is for the court to consider it in view of the changed attitude of the society.
Dated at Mombasa this 20th day of February, 2004.
JOYCE KHAMINWA
J U D G E
Khaminwa, J.
Chege – Court Clerk
Mwangi – for State.
Accused – present
Two Assessors – present
Ruling read in open court.
JOYCE KHAMINWA, J.