R. v. Palutengano Crim. Rev. 36-D-72; 18/3/72 Mwakasendo, Ag. JU.

  

R. v. Palutengano Crim. Rev. 36-D-72; 18/3/72 Mwakasendo, Ag. JU.

The accuseds were charged with unlawful wounding c/s 228 of the Penal Code. After accuseds had made a few appearances in court, the Court made an order in the following terms; “As the complainant wants to be reconciled and as the parties have agreed to a settlement where no compensation is to be paid to the complainant, proceedings are stayed under section 134 of the Criminal Procedure Code.”

            Held (1) “It is not open to the Court to invoke the provisions of Section 134 of the Criminal Procedure Code in a case where the accuseds faces a charge of unlawful wounding c/s 228 of the Penal Code. In this connection the Trial Court

Is referred to what was said by this Court on inspection of the case of R. v. Abedi Criminal Case 88 – Newala – 71; (1971) H.C.D. 470. The Court in that case citing the case of Republic v. Said Ibrahim (1960) E.A. 1048 at p. 1060 was of the view that on a proper construction of Section 134 of the Criminal Procedure Code, a Magistrate has no power to stay proceedings and try to reconcile the parties under Section 134 of the C. P.C. when the accused stands charged with the commission of a felony or a misdemeanour which has been specifically or by necessary implication excluded from the application of Section 134 of the Criminal Procedure Code.” (2) “The order staying the proceedings is quashed and set aside and it is directed that the Magistrate proceed to hear the case and determine it on the morits.”