[2008] KEHC 673 (KLR)
The court found that the failure to state the language used when taking the plea rendered the plea equivocal. As a result, the conviction based on such a plea could not stand. The court allowed the appeal, quashed the conviction, and set aside the sentence, ordering the appellant's immediate release unless otherwise...
Source-derived case information.
- Citation
- [2008] KEHC 673 (KLR)
- Parties
- Appellant: Patrick Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 34 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully held.
- Judges
- DK Maraga
- Legal Topics
- Plea Taking, Conviction and Sentence, Unnatural Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Kirui
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the plea of guilty was unequivocal given the language used was not stated.
- 2 Whether the conviction and sentence should stand in light of the plea irregularity.
Ratio Decidendi
The court found that the failure to state the language used when taking the plea rendered the plea equivocal. As a result, the conviction based on such a plea could not stand. The court allowed the appeal, quashed the conviction, and set aside the sentence, ordering the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully held.
Orders
- The appeal is allowed.
- The conviction is quashed.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Appeal 34 of 2007
PATRICK KIRUI……....……………………..……APPELLANT
VERSUS
REPUBLIC……………………………………...RESPONDENT
JUDGMENT
PATRICK KIRUI, THE Appellant was charged with unnatural offence contrary to Section 162(a)of the Penal Code. It is alleged that on 9th January 2007, at [PARTICULARS WITHHELD] Village in Nakuru District within Rift Valley Province, the Appellants had carnal knowledge of PKR against the order of nature. He pleaded guilty and was convicted and sentenced to 15 years imprisonment.
I agree with Mr. Mugambi, learned state counsel, that the language used when taking the plea is not stated. The Appellant's plea cannot therefore be said to have unequivocal. In the circumstances I allow this appeal, quash the conviction and set aside the sentence. The Appellant shall be set free forthwith unless otherwise lawfully held.
DATED and delivered at Nakuru this 11th day of december, 2008.
D. K. MARAGA
JUDGE