R. v. Christopher Makunja, Crim. App. 225-M-67; 24/5/67; Platt, J

R. v. Christopher Makunja, Crim. App. 225-M-67; 24/5/67; Platt, J

Accused was convicted of stealing by a public servant (P.C. ss. 265, 270) and with failing to issue a ticket or receipt within half an hour (East African Railways and Harbours Act, 1950, as amended in 1953, s. 70(Q)). After the accused had given evidence he requested that his only witness be called. The witness had been sitting in the courtroom but had heard the testimony of the last

precut ion witness and of the accused. For that reason the trial court refused to permit him to testify.

            Held: The witness should have been called and the court could then consider the weight of his testimony. Since he was not called there is no way to determine whether his testimony would have been affected by hearing the two prior witnesses.