Akech v. R. Crim. App. 169-M-71; 12/8/71; Kisanga, Ag. J.

Akech v. R. Crim. App. 169-M-71; 12/8/71; Kisanga, Ag. J.

The appellant was charged and convicted of arson c/s 319 (a) of the Penal Code. At the appellant’s trial his wife was called as a witness for the prosecution. Before she gave her evidence the trial magistrate asked the appellant whether he had any objection to his wife giving evidence against him and the appellant said he had none. The wife then gave her testimony.

            Held: “This was not in accordance with the provisions of Section 130(2) of the Evidence Act. That sub-section requires the Court to address not the appellant but his wife and to inform her that she was under no obligation to testify against her husband but that she may give evidence against him if she chooses to do so.”