Wambura s/o Chacha v. R., Crim. App. 424-M-67; 9/8/67, Cross J.

Wambura s/o Chacha v. R., Crim. App. 424-M-67; 9/8/67, Cross J.

In the course of a trial for cattle theft, one of the witnesses was committed to prison for not answering a question “properly” or “directly”. The trial court purported to act under section 153 of the Criminal Procedure Code which, inter alia, empowers a magistrate to commit a witness to prison if he refuses to answer any question; rather, the magistrate found the answer unsatisfactory. Moreover, the magistrate apparently did not give the witness an opportunity to explain why he answered as he did. “The magistrate should be very careful when invoking the provisions of section 153….. that the procedure therein outlined is strictly followed’. Section 153 was deemed inapplicable.