[2018] KEHC 3321 (KLR)
The court found that the applicant's plea was equivocal because he had informed the trial court that his passport was in Nairobi and that it was valid. The trial court failed to adequately investigate the validity of the applicant's stay in the country and did not await the outcome of his application for an...
Source-derived case information.
- Citation
- [2018] KEHC 3321 (KLR)
- Parties
- Applicant: Avtar Singh alias Artur Singh; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 69 of 2018
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application to Quash Conviction and Sentence
- Outcome
- conviction and sentence quashed; refund of fine and bail ordered
- Judges
- REA Ougo
- Legal Topics
- Equivocal Plea, Validity of Conviction, Passport Status, Bail Refund
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Avtar Singh alias Artur Singh
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Quash Conviction and Sentence
Legal Issues
- 1 Whether the applicant's plea was equivocal and thus invalid.
- 2 Whether the conviction and sentence were unsafe given the circumstances regarding the applicant's passport and immigration status.
Ratio Decidendi
The court found that the applicant's plea was equivocal because he had informed the trial court that his passport was in Nairobi and that it was valid. The trial court failed to adequately investigate the validity of the applicant's stay in the country and did not await the outcome of his application for an extension. The prosecution did not oppose the application and conceded that the conviction was unsafe. Consequently, the court held that the conviction and sentence were unsafe and should be quashed. The applicant was entitled to a refund of the sums paid as fine and bail.
Court Disposition
conviction and sentence quashed; refund of fine and bail ordered
Orders
- The conviction and sentence of 29/6/2018 at Kilgoris Principal Magistrate’s Court No.465 of 2018 are quashed.
- The applicant shall be refunded the sum of 100,000 together with the bail deposited in court of 20,000.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL DIVISION
MISC. CRIMINAL APPLICATION NO.69 OF 2018
AVTAR SINGH ALIAS ARTUR SINGH..............................APPLICANT
-VERSUS-
REPUBLIC............................................................................RESPONDENT
R U L I N G
I have considered the Notice of Motion dated the 4/7/2018 filed in court on the 5/7/2018. I have also considered the supporting affidavit and the annextures. I note that the accused’s plea was equivocal. The affidavit and the annextures explain what happened in court. He stated the passport was in Nairobi. The passport was stamped in Nairobi on the 29/6/2018. The Trial Court ought to wanted to establish the validity of his stay in country. The prosecution didn’t oppose the application. They accept that the applicant had a valid passport at the time of plea and that the conviction was unsafe and that he should not have been convicted. As stated the Court having heard the accused state that his passport was in Nairobi he ought to have wanted to find out the outcome of the applicant’s application for an extension. The applicant conviction was therefore unsafe and I therefore quash the conviction and sentence of the Court of 29/6/2016 at Kilgoris Principal Magistrate’s Court No.465 of 2018. The conviction is quashed. The applicant will be refunded the sum of 100,000/= together with the bail deposited in court of 20,000/=.
No orders as to costs.
R. E.OUGO
JUDGE
17/7/2018
Court: Ruling read in open court before Ogutu for the applicant and Mr. Otieno for the Sate on the 17/07/2018 in Court.
R.E. OUGO
JUDGE
17/7/2018