[2020] KEHC 5859 (KLR)
The court found that the trial record failed to indicate the language in which the evidence was given, contrary to mandatory provisions of the Criminal Procedure Code and the Constitution. This omission vitiated the entire trial process, as it undermined the accused's right to a fair hearing and the ability to...
Source-derived case information.
- Citation
- [2020] KEHC 5859 (KLR)
- Parties
- Appellant: Barrack Omondi Ajok; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 32 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction quashed; sentence set aside; retrial ordered
- Judges
- RE Aburili
- Legal Topics
- Criminal Procedure, Right to Fair Trial, Language of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barrack Omondi Ajok
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the failure to indicate the language used during the trial vitiated the proceedings.
- 2 Whether the conviction and sentence should be quashed due to procedural irregularity.
Ratio Decidendi
The court found that the trial record failed to indicate the language in which the evidence was given, contrary to mandatory provisions of the Criminal Procedure Code and the Constitution. This omission vitiated the entire trial process, as it undermined the accused's right to a fair hearing and the ability to understand the proceedings. Consequently, the conviction and sentence could not stand and were quashed. The court ordered a retrial before the appropriate magistrate's court to ensure compliance with procedural and constitutional safeguards.
Court Disposition
conviction quashed; sentence set aside; retrial ordered
Orders
- The conviction of the appellant is quashed.
- The sentence imposed is set aside.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL NO. 32 OF 2019
BARRACK OMONDI AJOK............................................................APPELLANT
VERSUS
REPUBLIC.......................................................................................RESPONDENT
(Being an appeal against sentence conviction from the judgment in the Principal Magistrate’s Court at Bondo in Criminal Case No. 426 of 2018 dated 16. 5.2019 by Hon. E. N. WASIKE Senior Resident Magistrate.)
JUDGMENT VIA SKYPE
1. I have perused this appeal and the trial Court record. I observe that the matter was heard and determined by Hon. E.N. Wasike, Senior Resident Magistrate. The trial record does not show the language which the witnesses and the defence gave evidence in. This is contrary to Section 197 and 198 of the Criminal Procedure Code as read with Article 50(2) (m) of the Constitution. The trial of the Appellants was vitiated.
2. I therefore quash the conviction of the Appellant and set aside the sentence imposed and order that the Appellant shall be produced before Bondo Principal Magistrate’s Court for retrial.
3. Orders accordingly.
Dated, Signed and Delivered at Siaya this 5th Day of May, 2020 via skype due to Covid 19 situation
R. E. ABURILI
JUDGE