This is an appeal against the decision of the High Court
which convicted the Appellant for murder contrary to section 196 of the Penal
Code [Cap 16 R.E. 2002]. During the hearing it was discovered, inter alia,
that the preliminary hearing was not conducted in accordance with the mandatory
provisions of section 192(3)(4) of the Act and rule 6 of the Accelerated Trial
and Disposal of Cases Rules, 1988. At the preliminary hearing the advocate made
admissions on behalf of the accused. The Court considered whether or not an
accused is bound by admissions made by his advocate during preliminary hearing
and whether it could order a retrial of the case.