[2021] KEHC 4193 (KLR)

[2021] KEHC 4193 (KLR)

The court found that the accuseds had been in custody for 14 days, had undergone psychiatric examination and were found fit to plead, and were represented by advocates. The alleged covid-19 symptoms were unsupported by any medical evidence or documentation from examining doctors. The pending miscellaneous criminal application did not preclude plea taking, as its withdrawal could occur after plea. No court order existed to stay the proceedings despite the pending constitutional petition. The court held that the constitutional right to be produced in court promptly under Article 49(1)(f) had been observed, and there was no undue haste. Accordingly, the application to defer plea was without...

Citation
[2021] KEHC 4193 (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
Judgment Date
31 August 2021
Case Number
Criminal Case E061 of 2021
Procedural Posture
Criminal Case / Ruling on Application to Defer Plea
Outcome
Application to defer plea dismissed; plea deferred due to withdrawal of defence counsel; orders for appointment of advocates and remand issued.
Judges
DO Ogembo
Legal Topics
Plea Taking, Right to Counsel, Covid 19 Procedure, Constitutional Rights
Source Language
English
Criminal Law Plea Taking Right to Counsel Covid 19 Procedure Constitutional Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2
Sign in to unlock

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 Application to Defer Plea

Legal Issues

  1. 1 Whether the plea taking should be deferred due to alleged covid-19 symptoms among accused persons.
  2. 2 Whether the existence of pending miscellaneous criminal proceedings affects the taking of plea.
  3. 3 Whether a pending constitutional petition seeking to stop plea taking is a bar to proceeding with plea.

Ratio Decidendi

The court found that the accuseds had been in custody for 14 days, had undergone psychiatric examination and were found fit to plead, and were represented by advocates. The alleged covid-19 symptoms were unsupported by any medical evidence or documentation from examining doctors. The pending miscellaneous criminal application did not preclude plea taking, as its withdrawal could occur after plea. No court order existed to stay the proceedings despite the pending constitutional petition. The court held that the constitutional right to be produced in court promptly under Article 49(1)(f) had been observed, and there was no undue haste. Accordingly, the application to defer plea was without...

Court Disposition

Application to defer plea dismissed; plea deferred due to withdrawal of defence counsel; orders for appointment of advocates and remand issued.

Orders

  • Defence application to defer plea is dismissed.
  • Charges to be read out to accused as fixed (initial order).