PART V – MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS
SUBORDINATE COURTS
197. Manner of recording evidence before magistrate
(1) In trials by or before a magistrate, the evidence of the witnesses shall be recorded in the following manner—
(a) the evidence of each witness shall be taken down in writing or on a typewriter in the language of the court by the magistrate, or in his presence and hearing and under his personal direction and
superintendence, and shall be signed by the magistrate, and shall form part of the record ;
(b) such evidence shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative :
Provided that the magistrate may take down or cause to be taken down any particular question and answer.
(2) Notwithstanding the provisions of subsection (1), a record of any proceedings at a trial by or before a magistrate may be taken in shorthand if the magistrate so directs ; and a transcript of the shorthand shall be made if the magistrate so orders, and the transcript shall form part of the record.
(3) If a witness asks that his evidence be read over to him the magistrate shall cause that evidence to be read over to him in a language which he understands.
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.
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.
EDIT.