[2020] KEHC 5751 (KLR)
The court found that the trial record did not indicate the language used by the witnesses or the appellant, contrary to Sections 197 and 198 of the Criminal Procedure Code and Article 50(2)(m) of the Constitution. This omission vitiated the trial as it undermined the appellant's right to a fair hearing in a language...
Source-derived case information.
- Citation
- [2020] KEHC 5751 (KLR)
- Parties
- Appellant: Jackton Owuor Okatch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 40 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, Criminal Procedure Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackton Owuor Okatch
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the omission to indicate the language used during trial vitiated the proceedings.
- 2 Whether the accused's right to a fair trial under Article 50(2)(m) of the Constitution was violated.
Ratio Decidendi
The court found that the trial record did not indicate the language used by the witnesses or the appellant, contrary to Sections 197 and 198 of the Criminal Procedure Code and Article 50(2)(m) of the Constitution. This omission vitiated the trial as it undermined the appellant's right to a fair hearing in a language he understands. Consequently, the conviction and sentence were quashed, and a retrial was ordered before the Bondo Principal Magistrate’s Court.
Court Disposition
conviction quashed; sentence set aside; retrial ordered
Orders
- The appellant's conviction is quashed.
- The sentence imposed on the appellant is set aside.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL NO. 40 OF 2019
JACKTON OWOUR OKATCH ……………………………….... APPELLANT
VERSUS
REPUBLIC ……………………………………………………... RESPONDENT
(Being an appeal against judgment, conviction and sentence from the judgment in the Principal Magistrate’s Court at Bondo in Criminal[S.O.] Case No. 68 of 2018 dated 31. 5.2019 by Hon. E. N. WASIKE, Senior Resident Magistrate.)
JUDGMENT VIA SKYPE
1. I have perused the trial Court record. I observe that the witnesses though sworn, the record does not show in which language they testified and/or which language was used by the witnesses and/or the Appellant.
2. This omission offends Sections 197 and 198 of the Criminal Procedure Code and Article 50(2) (m) of the Constitution which guarantee the accused person the right to be tried in a language that they understand and to be provided with free language interpretation.
3. I find the trial of the Appellant was vitiated by the omission to indicate which language the trial took place. I quash the appellant’s conviction and set aside the sentence imposed on the Appellant.
4. I order that the Appellant Jackton Owuor Okatch shall be re-tried before Bondo Principal Magistrate’s Court.
5. Orders accordingly.
Dated, Signed and Delivered at Siaya this 5th Day of May, 2020 via skype due to covid 19 situattion.
R. E. ABURILI
JUDGE