[2008] KEHC 1672 (KLR)
The court found that the trial proceedings were conducted without indicating the language used or providing interpretation for the appellant, contrary to constitutional and statutory requirements. This procedural irregularity was prejudicial to the appellant and rendered the trial unfair. Additionally, the only...
Source-derived case information.
- Citation
- [2008] KEHC 1672 (KLR)
- Parties
- Appellant: Ejidio Murage; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 58 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction quashed; sentence set aside
- Legal Topics
- Robbery With Violence, Procedural Fairness, Right to Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ejidio Murage
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the proceedings were conducted in a language understood by the appellant and whether interpretation was provided as required by law.
- 2 Whether the evidence adduced connected the appellant to the offence of robbery with violence beyond reasonable doubt.
Ratio Decidendi
The court found that the trial proceedings were conducted without indicating the language used or providing interpretation for the appellant, contrary to constitutional and statutory requirements. This procedural irregularity was prejudicial to the appellant and rendered the trial unfair. Additionally, the only evidence linking the appellant to the offence was hearsay regarding payment for a panga, which was insufficient to support a conviction for robbery with violence. The court concluded that there was no evidence adduced before the trial court that could support the charge against the appellant. Accordingly, the appeal was allowed, the conviction quashed, and the sentence set aside.
Court Disposition
appeal allowed; conviction quashed; sentence set aside
Orders
- The appeal is allowed.
- The conviction is quashed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Criminal Appeal Case 58 of 2008
EJIDIO MURAGE …………………………...........APPELLANT
VERSUS
REPUBLIC…………………………………….. RESPONDENT
JUDGMENT
The appellant Ejidio Murage with 3 others was charged with the offence of robbery with violence contrary to Section 296 (2) Penal Code.
After trial the other 3 accused persons were acquitted but the appellant was convicted and sentenced to death because he was mentioned adversely as the person who had paid for a panga that had got lost. The charge sheet stated that the appellant with others were arrested with dangerous weapons, pangas.
The State Counsel addressed the court and submitted that the State was conceding the appellant on grounds that the language the Court conducted proceedings was not indicated. This is indicated in proceedings on 22. 02. 07. Also, proceeding taken on 20. 03. 07 and on other dates. Whereas it is clear the court language is English language, Kiswahili, there is no indication that the appellant understood once languages and no interpretation was provided. We therefore find that the proceedings were conducted contrary to the provision of constitution and the Criminal procedure Code.This was prejudicial to the appellant.
The other issue is that the connection between appellant and the offence is that he had paid for a panga which had got lost. The evidence of its recovery is that after a few days an informer came and gave the complainant a panga “The informer told me that it was the first accused (appellant) who paid” for the panga. Truly all the evidence about the panga cannot support the conclusion of this case. It was based on hearsay.
We have examined the judgment of the Trial Magistrate and all the record. It is our finding that there is no evidence adduced before the Court that can support the charge.
We therefore allow the appeal quash conviction and set aside sentence of death imposed.
We order that the appellant be set at liberty forthwith unless otherwise lawfully held.
DATEDthis 31st of July 2008
J. N. KHAMINWA J. MAKHANDIA
JUDGE JUDGE