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The appellant was condemned unheard as he was not brought before the trial court after his arrest to be heard on the reasons for his absence and possible defence, violating section 226(2) of the Criminal Procedure Act and Article 13(6)(a) of the Constitution; this irregularity vitiated the proceedings and conviction.
Source excerpt
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 High Court dismissed a criminal appeal because the appellant, convicted in absentia, had not first sought to set aside the conviction in the trial court under section 226(2).
The High Court set aside a 12-month sentence for breach of probation after the underlying conviction was quashed, ordering the accused’s release if not lawfully detained.
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