[2007] KEHC 2991 (KLR)
The court found that the plea of guilty entered by the appellant was not unequivocal, as the facts constituting the offence were not read to her to confirm their correctness before conviction. This failure rendered the plea defective and not in compliance with Section 207 of the Criminal Procedure Code and the...
Source-derived case information.
- Citation
- [2007] KEHC 2991 (KLR)
- Parties
- Appellant: Hellen Kosgei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 1 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- LK Kimaru
- Legal Topics
- Plea Taking, Traditional Liquor Offences, Criminal Procedure, Conviction on Plea, Sentence Setting Aside
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Kosgei
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the plea of guilty entered by the appellant was unequivocal and in accordance with the law.
- 2 Whether the conviction and sentence based on the plea should be upheld or set aside.
Ratio Decidendi
The court found that the plea of guilty entered by the appellant was not unequivocal, as the facts constituting the offence were not read to her to confirm their correctness before conviction. This failure rendered the plea defective and not in compliance with Section 207 of the Criminal Procedure Code and the principles set out in Adan v Republic [1973] E.A. 445. Consequently, the conviction and sentence could not stand. Given the nature of the offence and the period already served by the appellant, the court determined that a retrial would not serve the interests of justice. The appeal was allowed, the conviction quashed, the sentence set aside, and the appellant ordered to be released...
Court Disposition
appeal_allowed
Orders
- The appeal is allowed.
- The conviction is quashed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Appeal 1 of 2007
(From original conviction and sentence of the Chief magistrate’s court at Nakuru in
criminal case No. 124 of 2007 – B. Atiang [R.M.])
REPUBLIC………………………….……………..RESPONDENT
VERSUS
HELLEN KOSGEI………....……….…………..……APPELLANT
JUDGMENT
The appellant, Hellen Kosgei was charged with being in possession of traditional liquor for sale without a permit contrary to Section 25(1) of the Traditional Liquor Act (Cap 122 of the Laws of Kenya
e particulars of the offence were that on the 7th January 2007 at about 1. 00 p.m. at Baruti Estate in Nakuru district, the appellant was found in possession of 300 litres of busaa without a permit. When the appellant was arraigned before the trial magistrate’s court, she pleaded guilty to the charge. She was sentenced to serve two months imprisonment without an option of a fine. The appellant was aggrieved by her conviction and sentence and has appealed to this court.
The main ground of appeal by the appellant was that she was convicted on a plea of guilty that was equivocal. Mr. Koech for the State conceded to the appeal and submitted that the plea of guilty recorded by the trial magistrate was not in accordance with the rules. Mr. Oira for the accused naturally had nothing to add in view of the concession of the appeal by the State. I have perused the proceedings of the trial magistrate who recorded the plea of guilty and subsequently thereafter convicted the appellant on the said plea of guilty. It is clear that the said plea of guilty was not recorded in accordance with the provisions of Section 207 of the Criminal Procedure Code and the directions of the Court of Appeal in the case of Adan –vs- Republic [1973] E.A. 445. The facts that constitute the offence were not read to the appellant to confirm whether they were correct or not before the appellant was convicted on her own plea of guilty. It is clear that the said plea of guilty was not unequivocal.
In the circumstances therefore, the appeal filed by the appellant is hereby allowed, her conviction is quashed and the sentence of two months imprisonment imposed is hereby set aside. In view of the nature of the offence that the accused was convicted of and in view of the period that she has already been in prison, it would not serve the interest and the ends of justice if the appellant is retried. The appellant is ordered discharged. She is set at liberty and ordered released from prison unless otherwise lawfully held.
DATED at NAKURU this 18th day of January 2007.
L. KIMARU
JUDGE