[2021] KEHC 5578 (KLR)
The court found that the proceedings before the trial magistrate were fundamentally flawed. The plea was hurriedly taken without reading out the facts to the accused, no conviction was entered, and no exhibits were produced to substantiate the charge. These omissions rendered the proceedings irregular and the...
Source-derived case information.
- Citation
- [2021] KEHC 5578 (KLR)
- Parties
- Applicant: Jackson Okia Mugoma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E008 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application allowed; conviction and sentence quashed; applicant set at liberty
- Judges
- RE Aburili
- Legal Topics
- Plea Taking, Sentencing Review, Alcohol Drinks Control, Irregular Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Okia Mugoma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the plea was properly taken in accordance with the law.
- 2 Whether the sentence imposed was lawful and supported by the proceedings.
- 3 Whether the absence of exhibits and failure to convict rendered the proceedings a nullity.
Ratio Decidendi
The court found that the proceedings before the trial magistrate were fundamentally flawed. The plea was hurriedly taken without reading out the facts to the accused, no conviction was entered, and no exhibits were produced to substantiate the charge. These omissions rendered the proceedings irregular and the sentence imposed without legal basis. The court held that such procedural lapses vitiated the entire trial process, necessitating the quashing of both the conviction and sentence. The applicant was entitled to have the proceedings set aside and to be released unless otherwise lawfully held.
Court Disposition
application allowed; conviction and sentence quashed; applicant set at liberty
Orders
- The entire proceedings in Ukwala PM Cr. Case No. 92 of 2021 are quashed.
- The sentence imposed on the applicant is set aside.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E008 OF 2021
CORAM: R.E. ABURILI, J
JACKSON OKIA MUGOMA................................................................................APPLICANT
VERSUS
REPUBLIC...........................................................................................................RESPONDENT
(Being an Application for Revision of sentence in Ukwala Principal Magistrate Court
Cr. Case No. 92 of 2021 on 10/2/2021 by Hon. C.I. Agutu, Senior Resident Magistrate)
RULING
1. I have perused the proceedings before the trial court at Ukwala PM’s court before Hon. C.I. Agutu Senior Resident Magistrate as conducted on 10/2/2021 where the inmate herein Jackson Okia Mugoma is said to have pleaded guilty to the charge of Manufacturing Alcohol Drinks contrary to Section 32(8) of the Alcohol Drinks Control Act No. 4 of 2010 and sentenced to a fine of Kshs. 200,000/= in default to serve one year in prison.
2. I have also considered the request for Sentence Review filed by the inmate through his counsel Mr. Ochanyo.
3. I observe that the sentence imposed was commensurate with the offence as the liquor-Kangara that the applicant was found in possession of was excessive.
4. However, I note with concern that the Plea was hurriedly taken. It was unequivocal in the sense that no facts were read out to the accused and neither was he convicted by the trial magistrate.
5. In addition, there was no production of any exhibit of what he was allegedly found in possession of.
6. It follows that the sentence imposed on the accused was without any legal basis, the proceedings having been irregularly conducted. This is a suitable case for revision of the proceedings as a whole, as conducted before the trial court, and not just the sentence issue.
7. Accordingly, I hereby quash the entire proceedings conducted by Hon. C.I. Agutu Senior Resident Magistrate in Ukwala PM Cr. Case No. 92 of 2021. I set aside the sentence imposed on the applicant and order that unless otherwise lawfully held, Jackson Okia Mugoma is hereby set at liberty.
8. This ruling to be served upon Hon. C.I. Agutu, Senior Resident Magistrate, Ukwala for noting as there are many other matters of this nature emanating from her court.
9. File closed.
10. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE