[2013] KEHC 5437 (KLR)
The court found that the appellant's plea was unequivocal as the charges were read to him twice, both during the main plea and after the charge sheet was amended. The trial court took additional steps to ensure the appellant's mental capacity by ordering a psychiatric report, which confirmed he was fit to plead. The...
Source-derived case information.
- Citation
- [2013] KEHC 5437 (KLR)
- Parties
- Appellant: Musa Stephen Akoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 71 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Plea Taking, Attempted Arson, Malicious Damage to Property, Assault Causing Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Musa Stephen Akoth
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's plea of guilt was unequivocal and properly entered.
- 2 Whether the appellant understood the charges read out to him.
- 3 Whether there was a miscarriage of justice in the conviction and sentencing.
Ratio Decidendi
The court found that the appellant's plea was unequivocal as the charges were read to him twice, both during the main plea and after the charge sheet was amended. The trial court took additional steps to ensure the appellant's mental capacity by ordering a psychiatric report, which confirmed he was fit to plead. The appellant understood the language used in court and responded affirmatively to the charges and facts. There was no evidence of a miscarriage of justice, and the conviction and sentences imposed by the trial court were proper. The appeal was therefore dismissed in its entirety.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The conviction and sentence of the trial court are upheld.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
High Court at Kisumu
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MUSA STEPHEN AKOTH...............................................................APPELLANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
(From the original conviction and sentence in Criminal Case No. 180 of 2012 in the Chief Magistrate's at Kisumu)
J U D G M E N T
The appellant herein was charged with the offence of attempted arson contrary to section 333 (a) of the penal code.
The substance of the charge are that on 27-3-2012 at Nyangande village within Kisumu district of the Nyanza province jointly with others not before court willfully and unlawfully attempted to set fire to a building namely a dwelling house burning 3 suits, 2 bags of fertilizers, 1 coat, 4 blankets, 2 bedsheets, text and exercise books, assorted clothing costing Kshs. 60,000/= all valued at Kshs. 112, 000/=, the property of Samuel Okello.
He was also charged with the offence of malicious damage to property contrary to section 339 (1) of the penal code.
The charge was that on 27-3-2012 at Nyangande village within Kisumu district of Nyanza province jointly with others not before court willfully and unlawfully damaged wooden windows and one wooden door all valued at Kshs. 8000/= the property of Samuel Okello Otieny.
The 3rd count was assault causing actual bodily harm contrary to section 251 of the penal code.
The charges are that on the 27-3-2012 at Nyangande village within Kisumu district of the Nyanza province jointly with others not before court unlawfully assaulted Ruth Akinyi Mere thereby occasioning her actual bodily harm.
The appellant on his own plea of guilt was sentenced to 5, 2 and 1 years respectively in respect to the above counts.
The 6 grounds of appeal which was filed on 7-6-2012 basically argues that the plea was not unequivocal and that he did not understand the charges read out to him.
I have carefully read the proceedings before the trial magistrate. I respectfully disagree with the appellant. The charges were read to him twice. First during the main plea and later when the charge sheet was amended.
Further, the trial court at some point seemed to be unsure whether the appellant had the mental capacity to appreciate the charges before him. The court ordered that a psychiatric report be availed, which report proved that he was capable of pleading.
I do not find therefore that there was any miscarriage of justice. He understood the language used, that is, dholuo and he pleaded to the charges. The facts were read to him twice and he answered in the affirmative.
I do not find any merit in the appeal. The conviction and sentence were proper . The appeal is otherwise dismissed.
Dated, signed and delivered at Kisumu this 21st January 2013.
H.K. CHEMITEI JUDGE
In the presence of:
.................................................for state
..........................................for appellant
HKC/va