[2021] KEHC 5408 (KLR)
The court found that the proceedings leading to the applicant's sentencing were irregular and fatally defective because no conviction was entered after the plea of guilty, and the plea itself was equivocal. Without a clear and unequivocal plea and a formal conviction, the sentence imposed was unlawful. The court...
Source-derived case information.
- Citation
- [2021] KEHC 5408 (KLR)
- Parties
- Appellant: Kelvin Akoth alias Ras; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E055 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- proceedings quashed; sentence set aside; applicant released
- Judges
- RE Aburili
- Legal Topics
- Plea Taking, Sentencing Irregularities, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin Akoth alias Ras
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the plea of guilty entered by the applicant was unequivocal and valid.
- 2 Whether the proceedings and sentence imposed were regular and lawful.
Ratio Decidendi
The court found that the proceedings leading to the applicant's sentencing were irregular and fatally defective because no conviction was entered after the plea of guilty, and the plea itself was equivocal. Without a clear and unequivocal plea and a formal conviction, the sentence imposed was unlawful. The court therefore quashed the proceedings and set aside the sentence, ordering the applicant's immediate release unless otherwise lawfully held.
Court Disposition
proceedings quashed; sentence set aside; applicant released
Orders
- The proceedings of 8.3.2021 are quashed.
- The sentence of one year imprisonment 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 REVISION E055 OF 2021
KELVIN AKOTH ALIAS RAS ...............................................APPELLANT
VERSUS
REPUBLIC ............................................................................RESPONDENT
(Being an Application for Revision of sentence in Ukwala SRMCRC 134 of 2021 on 8. 03. 2021 by Hon. C.I. Agutu – Senior Resident Magistrate)
RULING ON REVISION
1. The Applicant Kelvin Akoth alias Ras was charged with the offence of possession of 37 rolls of cannabis sativa (bhang) contrary to Section 2(1) as read with Section 3(2) (b) of the Narcotic drugs and Psychotropic substances control Act No. 4 of 1994. He was arraigned before Hon. C.I. Agutu, Senior Resident Magistrate – Ukwala on 8. 3.2021 and is recorded to have pleaded guilty to the charge in Kiswahili “Ni Ukweli” upon which facts were read to him and 37 rolls (sic) produced as Exhibit 1. The accused then is said to have stated: “Facts right” in English and the court entered plea of guilty and sought for mitigation to which the accused said: “I pray for leniency. It give me strength. I have children.” The court then sentenced the accused to a fine of KShs.50,000/= in default to serve one year imprisonment. The rolls (sic) to be destroyed.
2. There is no record to show if the accused was a first or repeat offender. In addition, there is no conviction entered against him. Having considered all the above, I find no basis upon which I should examine the Probation Officer’s Report. I find that the proceedings leading to the sentencing of the applicant were irregular and fatally defective. There being no conviction and as the plea was overtly equivocal, I have no option but to quash those proceedings of 8. 3.2021 and set aside the sentence of one year imprisonment.
3. Therefore, unless otherwise lawfully held, the applicant Kelvin Akoth alias Ras is forthwith set at liberty.
4. File closed.
5. Orders accordingly.
Dated, Signed and Delivered at Siaya this 24th day of June, 2021
R.E. ABURILI
JUDGE