[2018] KEHC 7020 (KLR)
The court found that the lower court proceedings were fundamentally flawed as the language of the court was not indicated, it was unclear whether the appellant understood the charge, and there were inconsistencies between the handwritten and typed proceedings regarding the reading of facts and handling of exhibits....
Source-derived case information.
- Citation
- [2018] KEHC 7020 (KLR)
- Parties
- Appellant: Aloise Kareithi Thiaene; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Legal Topics
- Plea Taking Procedure, Language of Court, Conviction and Sentence, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aloise Kareithi Thiaene
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the plea was unequivocal and properly recorded in accordance with the law.
- 2 Whether the appellant's conviction and sentence were valid given the procedural irregularities in the lower court proceedings.
Ratio Decidendi
The court found that the lower court proceedings were fundamentally flawed as the language of the court was not indicated, it was unclear whether the appellant understood the charge, and there were inconsistencies between the handwritten and typed proceedings regarding the reading of facts and handling of exhibits. These procedural irregularities rendered the plea equivocal and the conviction unsafe. Consequently, the court allowed the appeal, quashed the conviction, and set aside the sentence, ordering the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal_allowed
Orders
- The appeal is allowed.
- The conviction is quashed and sentence set aside.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRA 24 OF 2018
ALOISE KAREITHI THIAENE................................................APPLICANT
VS
REPUBLIC ............................................................................RESPONDENT
JUDGMENT
The appellant Aloise Kareithi Thiaene appealed against the conviction and sentence in Tigania SRM CR.C.No. 118 of 2018 on the grounds set out in the petition of appeal and sought that conviction and sentence be set aside and he be released and se at liberty.
On casual perusal of the proceedings in the lower court exhibit that the language of court was not indicated when charge was read to the appellant. It is not indicated which language accused understood. It is not shown whether appellant responded when charge was read to him before the facts were read by the prosecutor.
It is not shown whether appellant was present in court. The handwritten proceedings are not consistent with the typed and certified proceedings which show facts were read whereas the handwritten proceedings don’t indicate facts were read. It is signed that recoveries are before court but no particulars and quantities. It is also not shown how the alleged recoveries were disposed off and/or stored.
I do find the plea was not unequivocal and therefore allow the appeal. The conviction is quashed and sentence set aside. Appellant is set at liberty forthwith unless otherwise lawfully held.
HON. A.ONG’INJO
JUDGE
JUDGEMENT SIGNED, DELIVERED AND DATED THIS
8TH DAY OF MAY 2018.
In the Presence of:
Applicant:- N/A
Respondent:-N/A
Order
Notice of Judgment to be given to state and to Officer in Charge GK prison holding appellant.
HON. A. ONG’INJO
JUDGE