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The trial court's failure to record reasons for the change of magistrate as required by section 214(1) of the Criminal Procedure Act rendered the proceedings and judgment by the successor magistrate null and void, necessitating a retrial.
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The Court of Appeal dismissed a criminal appeal for unnatural offence, holding that the magistrate change caused no material prejudice and the offence was proved beyond reasonable doubt.
Non-compliance with section 214(2) of the Criminal Procedure Act by the successor magistrate, specifically failure to record reasons for the change and to inform the accused of their rights, constituted a serious irregularity rendering the proceedings and judgment from 1/9/2016 onwards a nullity.
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Second appeal in an armed-robbery conviction. The Court of Appeal found the identification evidence unsafe and allowed the appeal, quashing the conviction.
The High Court set aside Moses Miransi’s conviction because he was convicted in his absence without being allowed to defend himself or cross-examine witnesses.
The Court of Appeal held that a succeeding magistrate must inform an accused of the right to resummon witnesses under section 214(2)(a) of the Criminal Procedure Act.
The second magistrate failed to inform the appellant of his right to recall witnesses as required by law, rendering the trial a nullity and necessitating a retrial.
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