[2020] KEHC 5758 (KLR)
The court found that the trial record did not indicate the language in which some witnesses testified or the language used by the accused in his defence. This omission contravened Section 198 of the Criminal Procedure Code and Article 50(2)(m) of the Constitution, which guarantee the right of an accused person to...
Source-derived case information.
- Citation
- [2020] KEHC 5758 (KLR)
- Parties
- Appellant: Dennis Omondi Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 27 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction quashed; sentence set aside; retrial ordered
- Judges
- RE Aburili
- Legal Topics
- Right to Fair Trial, Language of Proceedings, Retrial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Omondi Owuor
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial was conducted in compliance with the requirements regarding language of proceedings and the accused's understanding as per Section 198 of the Criminal Procedure Code and Article 50(2)(m) of the Constitution.
- 2 Whether the failure to record the language used during testimony and by the accused vitiated the trial.
Ratio Decidendi
The court found that the trial record did not indicate the language in which some witnesses testified or the language used by the accused in his defence. This omission contravened Section 198 of the Criminal Procedure Code and Article 50(2)(m) of the Constitution, which guarantee the right of an accused person to have the trial conducted in a language they understand. The absence of this fundamental procedural safeguard vitiated the entire trial, rendering the conviction unsafe. Consequently, the conviction was quashed and the sentence set aside. The court ordered a retrial before the same court, with strict compliance to the relevant statutory and constitutional provisions regarding...
Court Disposition
conviction quashed; sentence set aside; retrial ordered
Orders
- The conviction of the appellant is quashed.
- The sentence imposed on the appellant is set aside.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL NO. 27 OF 2019
DENNIS OMONDI OWUOR.......................................................APPELLANT
VERSUS
REPUBLIC................................................................................RESPONDENT1
(Appeal from the judgment, conviction and sentence delivered on 16th April 2019
at UKWALA vide Ukwala SRM S.O. case No 51 of 2018
by Hon C.I.AGUTU SRM)
JUDGMENT
1. The proceedings from the trial Court are observed to have been irregularly conducted. The record does not show the language in which some of the witnesses testified and whether the Accused person understood the proceedings now that he says he understands Dholuo, on appeal.
2. The defence evidence does not show the language the Accused person testified in. This is contrary to Section 198 of the Criminal Procedure Code as read with Article 50 (2) (m) of the Constitution. Accordingly I find that the trial of the Appellant was vitiated. The conviction is quashed and sentence set aside.
3. The Appellant shall be retried by the same Court in compliance with Sections 197 and 198 of the Criminal Procedure Code and Article 50(2)(m) of the Constitution.
4. The Appellant shall be held at Siaya G.K. Prisons and produced before Ukwala Principal Magistrate’s Court for retrial on 9. 3.2020.
5. Orders accordingly.
Dated, Signed and Delivered at Siaya this 4th day of March, 2020.
R.E. ABURILI
JUDGE