[2008] KEHC 665 (KLR)
The court found that the trial record did not indicate the language used during plea taking, making it impossible to confirm that the appellants' pleas were unequivocal. As a result, the convictions and sentences based on those pleas could not stand. The court therefore allowed the appeal, quashed the convictions,...
Source-derived case information.
- Citation
- [2008] KEHC 665 (KLR)
- Parties
- Appellant: James Gaitha Kabiru; Appellant: Simon Mwangi Kamunya; Appellant: Samuel Karanja Wambui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 99, 100 &101 of 2007
- Procedural Posture
- Criminal Appeal / Ruling on Appeal Against Conviction and Sentence
- Outcome
- appeal allowed; convictions quashed; sentences set aside; appellants to be released unless otherwise lawfully held
- Judges
- DK Maraga
- Legal Topics
- Plea Taking, Unequivocal Plea, Language of Court, Conviction and Sentence, Handling Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Gaitha Kabiru
Appellant
Simon Mwangi Kamunya
Appellant
Samuel Karanja Wambui
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the pleas entered by the appellants were unequivocal given the absence of indication of the language used by the trial court.
- 2 Whether the convictions and sentences based on the pleas should be upheld.
Ratio Decidendi
The court found that the trial record did not indicate the language used during plea taking, making it impossible to confirm that the appellants' pleas were unequivocal. As a result, the convictions and sentences based on those pleas could not stand. The court therefore allowed the appeal, quashed the convictions, and set aside the sentences, ordering the immediate release of the appellants unless otherwise lawfully held.
Court Disposition
appeal allowed; convictions quashed; sentences set aside; appellants to be released unless otherwise lawfully held
Orders
- The appeal is allowed.
- The convictions are quashed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Appeal 99, 100 &101 of 2007 (Consolidated
JAMES GAITA KABIRU…………………....1ST APPELLANT
SIMON MWANGI KAMUNYA…...………….2ND APPELLANT
SAMUEL KARANJA WAMBUI…….………3RD APPELLANT
VERSUS
REPUBLIC……………………………………...RESPONDENT
RULING
JAMES GAITHA KABIRU, SIMON MWANGI KAMUNYA and SAMUEL KARANJA WAMBUI, the Appellants in the above appeals were charged with one count of breaking into a building and committing a felony contrary to Section 306(1) of the Penal Code and three counts of burglary and stealing contrary to Sections 304(2) and 279(b) respectively. In the alternative each of them was also separately charged with handling stolen property contrary to Section 322(2) of the Penal Code. They pleaded guilty to the main charges and were each sentenced to three years imprisonment on each count and the sentences were ordered to run consecutively. They have now appealed to this court against both the conviction and sentence. Having perused the record I agree with Mr. Mugambi that the language used by the trial court is not indicated. The Appellants' pleas cannot therefore be said to be been unequivocal. I therefore allow this appeal, quash the conviction and set aside the sentence. The Appellants shall be set free forthwith unless otherwise lawfully held.
DATED and delivered at Nakuru this 14th day of November, 2008.
D. K. MARAGA
JUDGE