[2005] KEHC 1009 (KLR)
The court found that the plea entered by the appellant was equivocal and that no conviction was properly recorded in the trial court. As a result, both the conviction and sentence could not be sustained and were quashed. However, considering that the appellant had served only two months of a two-year sentence and...
Source-derived case information.
- Citation
- [2005] KEHC 1009 (KLR)
- Parties
- Appellant: Christopher Mulei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 88 of 2005
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- Appeal allowed; conviction and sentence quashed; retrial ordered.
- Legal Topics
- Plea Equivocality, Conviction and Sentence, Retrial, Assault Offence, Escape From Custody
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Christopher Mulei
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the plea entered by the appellant was unequivocal and valid.
- 2 Whether the conviction and sentence could stand in the absence of a proper plea and recorded conviction.
- 3 Whether a retrial should be ordered in the interests of justice.
Ratio Decidendi
The court found that the plea entered by the appellant was equivocal and that no conviction was properly recorded in the trial court. As a result, both the conviction and sentence could not be sustained and were quashed. However, considering that the appellant had served only two months of a two-year sentence and that the complainant was entitled to justice, the court determined that a retrial was appropriate in the interests of justice. The case was therefore transferred for retrial before a different magistrate at the Machakos Law Courts, with the appellant to remain on his current bond or bail.
Court Disposition
Appeal allowed; conviction and sentence quashed; retrial ordered.
Orders
- Convictions quashed and sentences of two years and one year set aside.
- Retrial ordered before another magistrate with jurisdiction at Machakos Law Courts.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS Criminal Appeal 88 of 2005 (2)
(From Original conviction (s) and Sentence (s) in Criminal Case No. 342 of 2005 of the Resident Magistrate’s Court at Kilungu (P.M. Kariuki RM) on 23/8/05)
CHRISTOPHER MULEI ………………………………………………. APPELLANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT
J U D G M E N T
The appellant was convicted on his own plea and sentenced to two years imprisonment concurrently for assault Contrary to Section 251 and Escape from Lawful custody Contrary to Section 123 of the Penal Code. He appealed against the convictions and sentences.
When the appeal came up today for hearing, Mr O’Mirera, conceded the appeal on both the conviction and sentence. He pointed out that the plea before the trial court was equivocal and that there was no conviction against the appellant recorded. I have perused the record and these facts are confirmed. The conviction and sentence cannot, therefore, be left to stand. The convictions are quashed and the sentences of two years and one year are set aside.
But, Mr O’Mirera, under these circumstances sought for a retrial. He pointed out that the justice of this case requires it. He stated that the appellant had barely started to serve his sentence before he got bail/bond within two months.
I have carefully considered the request for retrial which is strenuously opposed by Mr Mung’ata, representing the appellant. I observe that the appellant had served only two months of the two years sentence. The case was partly an assault case and the complainant must be looking up to the court for justice. In my view, a retrial is what commends itself to be in the interest of justice and this court accepts the state’s plea. The appellant shall stand a retrial before another magistrate with jurisdiction. It is recommended that the retrial is conducted in Machakos Law Courts. For that reason the Kilungu Resident Magistrate Criminal Case No. 342 of 2005 is hereby transferred to the Chief Magistrate’s Court at Machakos and will be mentioned there on 7/12/05. The appellant to remain on his present bond/bail. It is so ordered.
Dated and delivered at Machakos this 15th day of November 2005.
D.A ONYANCHA
JUDGE