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Machibya Magida v. R., Crim. App. 447-M-67; 19/7/67: Cross J
Accused initially denied stealing cattle. The record shows that he later changed his plea to one of guilty, his admission being paraphrased in the words of the magistrate.
Held: The admission of an accused must be recorded “as nearly as possible in the words used by him.” Citing Crim. Proc. Code s. 203 (2); Chacha s/o Wambura 20 E.A.C.A. 339. Because the magistrate’s action “may will have resulted in a failure of justice.” Conviction and sentence were set aside and re-trial by a different magistrate ordered.
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