[2014] KEHC 2827 (KLR)
The court found that although the manner and language in which the plea was recorded were challenged, the applicant had admitted the facts as outlined by the prosecution. There was no clear indication that the appeal would result in a reversal of the conviction. The court held that the applicant did not demonstrate...
Source-derived case information.
- Citation
- [2014] KEHC 2827 (KLR)
- Parties
- Applicant: Dickson Ndolo Makenzi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 44 of 2014
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Bail Pending Appeal
- Outcome
- application for bail pending appeal denied
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Appeal, Plea of Guilty, Dangerous Driving, Language of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson Ndolo Makenzi
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal after conviction on his own plea of guilty.
- 2 Whether the plea was defective due to failure to record the actual words of admission in Kiswahili.
- 3 Whether the applicant understood the language of the proceedings.
Ratio Decidendi
The court found that although the manner and language in which the plea was recorded were challenged, the applicant had admitted the facts as outlined by the prosecution. There was no clear indication that the appeal would result in a reversal of the conviction. The court held that the applicant did not demonstrate exceptional circumstances to warrant the grant of bail pending appeal. Consequently, the application for bail pending appeal was denied, but the court directed that the appeal be heard on a priority basis.
Court Disposition
application for bail pending appeal denied
Orders
- Bail pending appeal is denied.
- The appeal shall be heard on a priority basis.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL MISCELLANEOUS NO. 44 OF 2014
DICKSON NDOLO MAKENZI…………………………………………..APPLICANT
VERSUS
REPUBLIC ………………………………………………………................PROSECUTOR
RULING
Dickson Ndolo Makenzi, the applicant seeks to be released on bail pending appeal.
He was convicted on his own plea of guilty on the charge of causing death by dangerous driving contrary to Section 46 of the Traffic Act and sentenced to serve five (5) years imprisonment.
It is submitted by the Applicant’s counsel Mr. Wamwayi that the court omitted to record in Kiswahili the actual words used by the applicant to constitute an admission which rendered the plea defective. Consequently, the applicant could not have been deemed to have been convicted on his own plea of guilty.
Further, he stated that applicant was tried in English, a language he did not understand hence there was no justification in depriving him of his liberty.
Opposing the application, the learned State Counsel, Ms Kefa called upon the court to balance the consideration of the liberty of the applicant and the proper administration of justice. She stated that the charges and facts were interpreted to the applicant in Swahili a language that he understood. The facts admitted constituted the offence therefore there were no exceptional circumstances that would warrant the court to exercise its discretion in favour of the applicant.
Right at the outset, I must note that the presumption of innocence no-longer applies to the applicant. The applicant admitted the charge. The manner in which the admission was recorded has been faulted. The language recorded is also faulted. What has not been faulted is the applicant’s admission of facts of the case as outlined by the prosecution, although it is argued that it does not cure a defective plea.
From the foregoing it cannot be stated with certainty that the appeal will result into a reversal. In the premises, bail pending appeal is denied. I however, direct that the appeal which is already admitted to hearing shall be heard on priority basis.
DATED, SIGNED and DELIVEREDat MACHAKOS this 23RDday of SEPTEMBER, 2014.
L.N. MUTENDE
JUDGE