[2022] KEHC 1220 (KLR)
The High Court found that the accused had pleaded guilty, but the trial court failed to confirm the plea by taking the facts and instead proceeded to hear the case as if a not guilty plea had been entered. This procedural lapse resulted in a mistrial, as the trial was conducted on an incorrect legal footing. The...
Source-derived case information.
- Citation
- [2022] KEHC 1220 (KLR)
- Parties
- Applicant: Republic; Respondent: Maxwell Odongo
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E007 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Reference From Trial Magistrate Regarding Procedural Irregularity
- Outcome
- Proceedings set aside; matter to start de novo before a different trial court.
- Legal Topics
- Plea Taking, Mistrial, Criminal Procedure Irregularity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Maxwell Odongo
Respondent
Procedural Posture
Criminal Revision / Ruling on Reference From Trial Magistrate Regarding Procedural Irregularity
Legal Issues
- 1 Whether the failure to properly confirm the accused's plea and subsequent commencement of trial amounted to a procedural irregularity requiring intervention.
- 2 Whether the proceedings conducted after the plea of guilty, but without confirmation of facts, were valid.
Ratio Decidendi
The High Court found that the accused had pleaded guilty, but the trial court failed to confirm the plea by taking the facts and instead proceeded to hear the case as if a not guilty plea had been entered. This procedural lapse resulted in a mistrial, as the trial was conducted on an incorrect legal footing. The court held that the only remedy was to set aside the proceedings from the point of the plea and order that the matter be heard afresh before a different magistrate. This ensures that the accused's rights are protected and that the trial process adheres to the mandatory requirements of criminal procedure.
Court Disposition
Proceedings set aside; matter to start de novo before a different trial court.
Orders
- The proceedings of the lower court from 2nd December 2021 to 15th March 2022 are set aside.
- The matter shall start afresh from the plea taking stage before a different trial court of competent jurisdiction.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
CRIMINAL REVISION E007 OF 2022
REPUBLIC.................................................................................................APPLICANT
VERSUS
MAXWELL ODONGO...........................................................................RESPONDENT
R U L I N G
In her letter dated 17/3/2022 the trial magistrate notes that the matter came up for plea in court 6 and when it came before her for the first time on 23rd December 2021, she was notified by the defence counsel that they had received copies of witness statements and were ready to be given a hearing date. The matter thus proceeded on the presumption that plea had been taken and in the process five witnesses testified before the trial court only for it to realize during the cross-examination of PW 5 that plea was not taken. The trial curt reckoned that a grave mistake had occurred and therefore referred the matter to this court for direction on how to proceed from that point.
A perusal of the lower court record by this court reveals that the plea was indeed taken on 2nd December 2021, before the learned Resident Magistrate Hon. R.N. Nganga and the accused Maxwell Odongo Cliffordactually pleaded guilty to the charge.
The matter was thereafter fixed for facts on 9th December 2021 on which date the accused was not produced. The next mention date was 14th December 2021 on which date the accused was again not produced. The matter was pushed forward to the 22nd December 2021, on which date learned Counsel Mr. Ouma was placed on record as appearing for the accused and matter adjourned to 23rd December 2021 on which date the accused and his advocate appeared before the current trial magistrate Hon. P.Kulechopresumably for the facts of the case to be given by the prosecution for confirmation or otherwise by the accused. However, that was not to be so as the trial court fixed the matter for hearing on 10th February 2022 and admitted the accused to a bond of ksh.50,000/= with a similar surety.
On the appointed 10th February 2022, things went south. Instead of the prosecution giving the facts of the case upon the accused’s plea of guilty, the trial court commenced the hearing of the case and took the evidence of three prosecution witnesses before adjourning the matter to 15th March 2022. All these, oblivious of the fact that the accused had already taken plea and entered a plea of guilt.
The state of affairs created by the turn of events indicated that whereas the accused had pleaded guilty the matter proceeded to hearing as if he had pleaded not guilty.
The resultant effect of the lapse amounted to nothing short of a mistrial.
In the circumstances, there must be a “re-boot”of the case with the matter being restarted afresh from the plea taking stage onwards but before a different trial court of competent jurisdiction. Accordingly, the proceedings of the lower court from the 2nd December 2021 to the 15th March 2022, be and are hereby set aside for the matter to start “de-novo”.
Ordered accordingly.
J.R. KARANJAH
J U D G E
23/3/2022