[2016] KEHC 2792 (KLR)
The court found that the trial magistrate failed to adhere to the established principles of plea taking as set out in ADAN Vs REPUBLIC [1973] EA 445. Specifically, the facts were not read out to the applicant, and she was not given an opportunity to confirm their correctness before conviction. Additionally, the...
Source-derived case information.
- Citation
- [2016] KEHC 2792 (KLR)
- Parties
- Applicant: Ann Wangechi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case 37 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
- Outcome
- conviction quashed and sentences set aside
- Judges
- JV Juma
- Legal Topics
- Plea Taking Procedure, Conviction Review, Alcoholic Drinks Act Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ann Wangechi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
Legal Issues
- 1 Whether the plea taking procedure complied with the principles set out in law.
- 2 Whether the applicant's conviction was proper in light of the plea taking process.
Ratio Decidendi
The court found that the trial magistrate failed to adhere to the established principles of plea taking as set out in ADAN Vs REPUBLIC [1973] EA 445. Specifically, the facts were not read out to the applicant, and she was not given an opportunity to confirm their correctness before conviction. Additionally, the exhibits were neither produced nor identified in court. These procedural lapses rendered the conviction unsafe and improper. Consequently, the court exercised its revisionary jurisdiction to quash the conviction and set aside the sentences imposed on both counts, ordering the applicant's immediate release unless otherwise lawfully held.
Court Disposition
conviction quashed and sentences set aside
Orders
- The applicant's conviction is quashed.
- The sentences imposed on both counts are set aside.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
REVISION NO. 37 OF 2016
ANN WANGECHI ……………………………………......……………….. APPLICANT
VERSUS
REPUBLIC ……………………………………………………...…….. PROSECUTOR
(Appeal from the Sentence of the Principal Magistrate’s Court at Eldama Ravine, Hon. R. Yator – Senior Resident Magistrate delivered on the 22nd June, 2016 in CR Case No. 480 of 2016)
RULING
This matter has come before the courts for revision. The applicant Ann Wangechi on 22/6/2016 pleaded guilty on two accounts of contravening the Alcoholic Drinks Act before the Senior Resident Magistrate at Eldama Ravine Courts. The learned trial magistrate convicted the applicant on both counts and proceeded to fine her Ks 50,000/= in default six (6) months imprisonment on each count.
I have perused the proceedings before the lower court. I find that the principles of plea taking as set out in the case of ADAN Vs REPUBLIC [1973] EA 445 were not adhered to in that the facts were not read out to the applicant by the prosecutor. Thus the applicant did not have an opportunity to confirm the correctness of the facts before she was convicted. Further the exhibits were not produced or identified in court.
For the above reasons I find that her conviction was improper as plea was not properly taken.
In exercise of this court’s powers of review I quash the applicant’s conviction and set aside the sentences imposed on both counts. The applicant is to be set at liberty forthwith unless she is otherwise lawfully held. It is so ordered.
Dated in Nakuru this 2nd day of September, 2016.
Maureen Odero
Judge