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R.v. Mariam. d/o Mihambo, Crim. Sass. 133-M-66; 1/3/67; Platt, J.



R.v. Mariam. d/o Mihambo, Crim. Sass. 133-M-66; 1/3/67; Platt, J.

Accused was acquitted on a charge of murder.

            The Court stated, Obiter: Consideration has been given to whether the accused can be said to be guilty of being an accessory after the fact. It has been held that an accused person acquitted of murder cannot be convicted of being an accessory after the fact to such murder, when he has not been charged with that offence. He cannot be convicted because the offence is not minor and cognate to the offence of murder. Citing Mutiu s/o Wamai v. R., c (1955) 22 E.A.C.A. 417. The accused was ordered set free unless held for some other lawful cause.

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