[2020] KEHC 5888 (KLR)
The court found that the trial court failed to indicate the language in which the witnesses testified and the language understood by the appellants. This omission contravened Section 197 and 198 of the Criminal Procedure Code and Article 50(2)(m) of the Constitution, which guarantee the right to a fair trial,...
Source-derived case information.
- Citation
- [2020] KEHC 5888 (KLR)
- Parties
- Appellant: Dani Omondi Okuku; Appellant: Stephen Omondi Okuku; Appellant: Athanasio Ajuma Okuku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 38 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction quashed, sentence set aside, retrial ordered
- Judges
- RE Aburili
- Legal Topics
- Trial Procedure, Language of Proceedings, Right to Fair Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dani Omondi Okuku
Appellant
Stephen Omondi Okuku
Appellant
Athanasio Ajuma Okuku
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the failure to indicate the language used during trial and understood by the appellants rendered the trial improper.
- 2 Whether the conviction and sentence should be quashed due to procedural irregularities.
Ratio Decidendi
The court found that the trial court failed to indicate the language in which the witnesses testified and the language understood by the appellants. This omission contravened Section 197 and 198 of the Criminal Procedure Code and Article 50(2)(m) of the Constitution, which guarantee the right to a fair trial, including the right to be informed in a language that the accused understands. As a result, the trial was deemed improper, leading to the quashing of the conviction and setting aside of the sentence. The court ordered a retrial to be conducted in compliance with the relevant legal provisions.
Court Disposition
conviction quashed, sentence set aside, retrial ordered
Orders
- The conviction of the appellants is quashed.
- The sentence imposed is set aside.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL NO. 38 OF 2019
DANI OMONDI OKUKU ………………………………….. 1ST APPELLANT
STEPHEN OMONDI OKUKU …………………………….. 2ND APPELLANT
ATHANASIO AJUMA OKUKU …………………………… 3RD 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. 70 of 2019 dated 24. 5.2019 by Hon. S.W. MATHENGE Resident Magistrate.)
JUDGMENT VIA SKYPE
1. I have perused the trial Court record. I observe that albeit witnesses were sworn, the language in which they testified is not shown, neither is the language which the Appellant understood was indicated.
2. This violates the clear provisions of Section 197 and 198 of the Criminal Procedure Code as read with Article 50(2) (m) of the Constitution.
3. That being the case, the trial of the Appellant was improper. I quash the Conviction of the Appellant and set aside the sentence imposed and order for retrial of the Appellant before the same Court in compliance with the stated provisions of the law.
4. Orders accordingly.
Dated, Signed and Delivered at Siaya this 5th Day of May, 2020 via skype due to the Covid 19 situation.
R. E. ABURILI
JUDGE