[Rev. 2012]
Criminal Procedure Code
CAP. 75
198. Interpretation of evidence to accused or his advocate
(1) Whenever any evidence is given in a language not understood by the
accused, and he is present in person, it shall be interpreted to him in open court
in a language which he understands.
(2) If he appears by advocate and the evidence is given in a language other
than English and not understood by the advocate, it shall be interpreted to the
advocate in English.
(3) When documents are put in for the purpose of formal proof, it shall be in the
discretion of the court to interpret as much thereof as appears necessary.
(4) The language of the High Court shall be English, and the language of a
subordinate court shall be English or Swahili.
[Act No. 17 of 1967, s. 28.]
199. Remarks respecting demeanour of witness
When a magistrate has recorded the evidence of a witness, he shall also record
such remarks (if any) as he thinks material respecting the demeanour of the witness
whilst under examination.
200. Conviction on evidence partly recorded by one magistrate and partly
by another
(1) Subject to subsection (3), where a magistrate, after having heard and
recorded the whole or part of the evidence in a trial, ceases to exercise jurisdiction
therein and is succeeded by another magistrate who has and exercises that
jurisdiction, the succeeding magistrate may—
(a) deliver a judgment that has been written and signed but not delivered
by his predecessor; or
(b) where judgment has not been written and signed by his predecessor,
act on the evidence recorded by that predecessor, or resummon the
witnesses and recommence the trial.
(2) Where a magistrate who has delivered judgment in a case but has not
passed sentence, ceases to exercise jurisdiction therein and is succeeded by a
magistrate who has and exercises that jurisdiction, the succeeding magistrate may
pass sentence or make any order that he could have made if he had delivered
judgment.
(3) Where a succeeding magistrate commences the hearing of proceedings
and part of the evidence has been recorded by his predecessor, the accused
person may demand that any witness be resummoned and reheard and the
succeeding magistrate shall inform the accused person of that right.
(4) Where an accused person is convicted upon evidence that was not wholly
recorded by the convicting magistrate, the High Court may, if it is of the opinion
that the accused person was materially prejudiced thereby, set aside the conviction
and may order a new trial.
[Act No. 13 of 1982, First Sch., Act No. 11 of 1983, Sch.]
C44 - 73
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