[2021] KEHC 5592 (KLR)
The court found that the plea entered by the accused was not unequivocal as required by law. The record did not indicate the language used when the facts were read, and there was no clear admission of the facts by the accused. Furthermore, there was no formal conviction entered before sentencing. As a result, the...
Source-derived case information.
- Citation
- [2021] KEHC 5592 (KLR)
- Parties
- Appellant: Paul Barasa Oluoch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E051 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Narcotic Offences, Plea Taking, Sentencing, Criminal Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Barasa Oluoch
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the plea entered by the accused was unequivocal.
- 2 Whether the sentence imposed was supported by a valid conviction.
Ratio Decidendi
The court found that the plea entered by the accused was not unequivocal as required by law. The record did not indicate the language used when the facts were read, and there was no clear admission of the facts by the accused. Furthermore, there was no formal conviction entered before sentencing. As a result, the sentence imposed was not supported by a valid conviction. The proceedings and sentence were therefore quashed, and the applicant was ordered to be set at liberty unless otherwise lawfully held.
Court Disposition
application allowed
Orders
- Proceedings of 2.11.2020 and 25.11.2020 by Hon. C.I. Agutu Senior Resident Magistrate are quashed.
- Sentence imposed is set aside.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION E051 OF 2021
PAUL BARASA OLUOCH.....................APPELLANT
VERSUS
REPUBLIC..........................................RESPONDENT
(Being an Application for Revision of sentence in Ukwala SRMCRC 578
of 2020 on 25. 01. 2020 by Hon. C.I. Agutu – Senior Resident Magistrate)
RULING
1. The Applicant is Paul Barasa Oluoch. He is aged 31 years old. He was charged with Trafficking of Narcotic Drugs contrary to Section 4(a) of the Narcotic drugs and Psychotropic substances Control Act No. 4 of 1994. The offence occurred on 29. 10. 2020 along Busia – Kisumu Highway at Ugambe village, Sega Sub-Location in Ugenya Sub-County within Siaya County. The quantity of the trafficked substance was 17 brooms of cannabis sativa (bhang) of street value of KShs.1700 on a motor cycle Registration No. KMEX 544H make Bajaj Boxer.
2. The accused took plea on 2. 11. 2020 before Hon. C.I. Agutu, SRM and the Accused pleaded guilty to the charge as read to him in Kiswahili. The trial court record shows that he said “It is true.” The facts were read to him on 25. 11. 2020 and the language not indicated but the court recorded production of exhibits – bhang, bag and report of Government Analyst and motorbike. Accused: Facts are true” and a plea of guilty was entered.
3. After the Prosecution Counsel stated that there were no records, the court asked for mitigation. The accused mitigated and was sentenced to one year imprisonment. The trial Magistrate also noted that exhibit will be destroyed after lapse of appeal period. She however never indicated which exhibit was to be destroyed since there was a motor bike involved and whether it was to be destroyed is not indicated. Having considered all the above, I find that the plea was not unequivocal. There was also no conviction of the accused.
4. The sentence he is serving is not supported or grounded. Proceedings of 2. 11. 2020 and 25. 11. 2020 by Hon. C.I. Agutu Senior Resident Magistrate are hereby quashed and sentence imposed set aside.
5. Unless otherwise lawfully held, the Paul Barasa Oluoch is hereby set at liberty forthwith.
6. File closed.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 24TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE