He also noted that Mrs Nyakundi, being the mother of the deceased, is a competent and compellable
witness under the Evidence Act.
[I]f a prosecution for a crime, concerning which the witness is interrogated, is barred by the statute of limitations, he is compellable
In 1976, the Code was amended for the first time to include a provision potentially preventing the use of sexual history evidence with persons other than the accused, unless the judge was "satisfied that the weight of the evidence is such that to exclude it would prevent the making of a just determination of an issue of fact in the proceedings, including the credibility of the complainant." (48) Unfortunately, this provision did not have any material effect on cross-examination as the complainant was a compellable
witness at the voir dire and judges tended to exercise their discretion by applying the same principles that had led to reliance on this evidence in the past.
He added that the Act provides that: 'No person shall be compellable
to do any act on a day appointed by or under the provisions of this Act to be kept as a public holiday which he would not be compellable
to do on a Sunday.'
Consular officers, however, do not have personal inviolability for grave crimes like murder, and they are competent but not compellable
. In drafting compelled decryption orders, law enforcement
Second is the suggestion that witnesses should be compellable
. Again, there's no legal basis for doing that in a non-statutory inquiry.
S 13 protects the right of a "witness who testifies in any proceedings" to not "have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence." This provision prevents the Crown from adducing testimony given by defendants in previous proceedings when they were compellable
witnesses, if that testimony would incriminate them at their own trial.