[1987] KEHC 45 (KLR)
The court found that there was no evidence on record to support the appellant's claim that he did not understand the proceedings or that he requested an interpreter and was denied. The appellant had initially pleaded not guilty and was later able to plead guilty, with no indication of misunderstanding at either...
Source-derived case information.
- Citation
- [1987] KEHC 45 (KLR)
- Parties
- Appellant: Liharo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 77 of 1987
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal partially allowed.
- Judges
- ENA Torgbor
- Legal Topics
- Plea of Guilty, Right to Interpretation, Breach of the Peace, Willful Damage to Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Liharo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant understood the charges and proceedings due to alleged lack of interpretation.
- 2 Whether the plea of guilty was unequivocal and valid.
- 3 Whether the facts supported the conviction on both counts, particularly willful damage to property.
Ratio Decidendi
The court found that there was no evidence on record to support the appellant's claim that he did not understand the proceedings or that he requested an interpreter and was denied. The appellant had initially pleaded not guilty and was later able to plead guilty, with no indication of misunderstanding at either stage. The court held that the plea of guilty was unequivocal and valid. However, upon reviewing the facts, the court determined that the evidence did not support the conviction for willful damage to property (count 2), and the appellant was acquitted on that count. The conviction for breach of the peace (count 1) was upheld. The court also found the sentence of six months...
Court Disposition
Appeal partially allowed.
Orders
- Conviction on count 2 (willful damage to property) quashed and appellant acquitted on that count.
- Conviction on count 1 (breach of the peace) upheld.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL APPEAL NO 77 OF 1987
LIHARO……………………. APPELLANTS
VERSUS
REPUBLIC…………….…… RESPONDENT
JUDGMENT
Appellant was charged on two counts, namely breach of the peace and willful damage to property and on conviction he was sentenced to 6 months imprisonment to run concurrently. In this appeal the appellant complains that the court clerk could not interpret English into Kimasai. The complaint in effect is that appellant did not understand the charge or the proceedings.
Upon looking at the record I observe that the appellant first pleaded not guilty on December 15, 1986. There was no indication at that time that he did not understand the charge or proceedings. He was then released on bond. On the trial date (February 17, 1987) he replied to the charges by saying “it is true” and pleas of guilty were then recorded. Again there was no indication either that the appellant did not understand the proceedings or that he requested an interpreter but was turned down. I therefore do not accept the complaint in grounds 3, 4 and 5 of his appeal. I am satisfied that his plea of guilty was unequivocal, but the fact disclosed do not in fact support the charge under count 2 ie the willful damage to property for which reason I will acquit the appellant on that charge. Consequently I uphold the conviction under count 1 only.
The sentence of 6 months is in my view excessive bearing in mind the appellant pleaded guilty to this minor charge and apologized to the complainant. He had obviously regretted the incident.
Consequently the sentence of 6 months imprisonment in respect of count 1 is set aside and substituted by such sentence as would secure the immediate release of the appellant from prison.
Order accordingly.
August 3, 1987
TORGBOR
JUDGE