[2021] KEHC 4192 (KLR)
The court found that there was no prejudice to the accuseds in proceeding with the plea taking as scheduled, despite the existence of a pending application challenging the process. The court noted that the application had not been served on all parties and could still be heard and determined after the plea. The...
Source-derived case information.
- Citation
- [2021] KEHC 4192 (KLR)
- Parties
- Applicant: Republic; Defendant: Benson Mputhia; Defendant: Consolata Njeri Kariuki; Defendant: Martin Msamalia Wanyama; Defendant: Nicholas Sang Cheruiyot; Defendant: Lilian Cherono Chemuna; Defendant: James Mwaniki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E061 of 2021
- Procedural Posture
- Criminal Case / Ruling on Whether Plea Should Be Taken
- Outcome
- Application to delay plea taking denied; plea to be taken as scheduled.
- Judges
- DO Ogembo
- Legal Topics
- Plea Taking, Right to Counsel, Adjournment, Prejudice to Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benson Mputhia
Defendant
Consolata Njeri Kariuki
Defendant
Martin Msamalia Wanyama
Defendant
Nicholas Sang Cheruiyot
Defendant
Lilian Cherono Chemuna
Defendant
James Mwaniki
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Plea Should Be Taken
Legal Issues
- 1 Whether plea should be taken despite pending application by the accuseds challenging the plea taking.
- 2 Whether the accuseds would suffer prejudice if plea is taken before their application is heard.
Ratio Decidendi
The court found that there was no prejudice to the accuseds in proceeding with the plea taking as scheduled, despite the existence of a pending application challenging the process. The court noted that the application had not been served on all parties and could still be heard and determined after the plea. The absence of a stay order or any substantive reason to delay the plea taking led the court to order that the plea be taken as fixed.
Court Disposition
Application to delay plea taking denied; plea to be taken as scheduled.
Orders
- Plea to be taken as fixed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASEE061 OF 2021
PROSECUTOR....................................................REPUBLIC
VERSUS
BENSON MPUTHIA.......................................1ST ACCUSED
CONSOLATA NJERI KARIUKI................... 2ND ACCUSED
MARTIN MSAMALIA WANYAMA..............3RD ACCUSED
NICHOLAS SANG CHERUIYOT...............4TH ACCUSED
LILIAN CHERONO CHEMUNA .................5THACCUSED
JAMES MWANIKI ....................................... 6TH ACCUSED
RULING
This matter came up for plea on 31. 8.2021, when same was adjourned after the accuseds asked for time to hire advocates arrangements were made and they were given advocates by the state. They have re-appointed the same advocates who left the case for lack of instructions. Whereas this is in order, it is strange that the advocates now are arguing against the taking of plea, whereas the ones who have been discharged had full briefs to proceed.
It is noted that the application before the Constitutional court was dismissed yesterday.
This matter is fixed for plea today. It is obvious accuseds have filed an application challenging same. I personally see no prejudice the accuses shall suffer should plea be taken. Their application, which has not been served on some could still be heard and orders issued on same. I order that plea be taken as fixed.
D. O. OGEMBO
JUDGE
2. 9.2021.