R. v. Abedi Crim. Cas 88-Newla-71; 1/11/71; Mwakasendo Ag. J.
The accused was charged with stealing by agent c/ss 265 and 273 (c) of the Penal Code. The magistrate purported to stay the proceeding under section 134 of the Criminal Procedure Code and ordered a reconciliation of the parties.
Held: “the main point at issue in this case is whether the magistrate had power to resort to resort to section 134 and record reconciliation thereunder. On a proper construction the wording of the section, it would seem to that the Magistrate had no power to this case to resort to the reconciliation procedure under section 134. The offence of stealing by agent c/s 273(c) and 265 of the Penal Code being a felony is expressly excluded from the application of section 134 of the Criminal Procedure Code. The magistrate is referred to the case of Republic v. Said Ibarahim (1960) E. A. 1058 at p. 1060 and 1061 where this Court said: “Certain offences would nearly be excluded by the wording of the section. All felonies are expressly excluded. And from the express inclusion of common assault, it would seem that other kinds of assault constituting only misdemeanours, as for instance assault causing actual bodily harm, are excluded by implication. Again, crimes such as treason and riot, neither of which are ‘felonies’ would clearly be excluded, since they are manifestly not of a personal or private nature in any sense of those words.”
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