[2017] KEHC 767 (KLR)

[2017] KEHC 767 (KLR)

The High Court held that the trial court erred in insisting that the witness be sworn despite his objection based on religious grounds. The law under the Oaths and Statutory Declaration Act, Cap. 15, specifically Sections 13 and 15, provides that a person who objects to being sworn due to religious beliefs or lack thereof must be permitted to affirm. The court emphasized that compelling a witness to take an oath against their beliefs is unlawful, and the proper procedure is to allow affirmation. The credibility of the witness should be assessed based on the evidence and not the form of oath or affirmation. Consequently, the order requiring the witness to be sworn was quashed, and the...

Citation
[2017] KEHC 767 (KLR)
Parties
Applicant: Hon. D.P.P; Respondent: The Chief Magistrate’s Court
Court
High Court
Court Station
High Court at Nyahururu
Jurisdiction
Kenya
Judgment Date
21 June 2017
Case Number
Criminal Revision 19 of 2017
Procedural Posture
Criminal Revision / Revision Order
Outcome
Order of the trial court quashed and set aside; case to be heard by a different magistrate.
Judges
RPV Wendoh
Legal Topics
Administration of Oaths, Witness Affirmation, Religious Belief and Oaths
Source Language
English
Criminal Law Civil Procedure Administration of Oaths Witness Affirmation Religious Belief and Oaths

Case Brief

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Parties

Hon. D.P.P

Applicant

The Chief Magistrate’s Court

Respondent

Procedural Posture

Criminal Revision / Revision Order

Legal Issues

  1. 1 Whether a court can compel a witness to take an oath contrary to their religious beliefs or lack thereof.
  2. 2 Whether the trial court erred in insisting that the witness be sworn despite his objection based on religious grounds.

Ratio Decidendi

The High Court held that the trial court erred in insisting that the witness be sworn despite his objection based on religious grounds. The law under the Oaths and Statutory Declaration Act, Cap. 15, specifically Sections 13 and 15, provides that a person who objects to being sworn due to religious beliefs or lack thereof must be permitted to affirm. The court emphasized that compelling a witness to take an oath against their beliefs is unlawful, and the proper procedure is to allow affirmation. The credibility of the witness should be assessed based on the evidence and not the form of oath or affirmation. Consequently, the order requiring the witness to be sworn was quashed, and the...

Court Disposition

Order of the trial court quashed and set aside; case to be heard by a different magistrate.

Orders

  • The order made on 28/6/2017 requiring the witness to be sworn is quashed and set aside.
  • The witness should be affirmed in accordance with his beliefs.