[2020] KEHC 141 (KLR)
The High Court found that the trial proceedings were irregular due to an omission by the trial magistrate, as conceded by the Director of Public Prosecutions. This irregularity vitiated the conviction and sentence. In the interests of justice, the court set aside the conviction and sentence and ordered a retrial...
Source-derived case information.
- Citation
- [2020] KEHC 141 (KLR)
- Parties
- Appellant: Ronald Manyara; Respondent: Republic through ODPP
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 60 of 2019
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- conviction and sentence set aside; retrial ordered
- Legal Topics
- Sexual Offences, Criminal Appeal Procedure, Irregular Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Manyara
Appellant
Republic through ODPP
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the proceedings leading to the conviction of the appellant were irregular.
- 2 Whether the conviction and sentence should be set aside and a retrial ordered.
Ratio Decidendi
The High Court found that the trial proceedings were irregular due to an omission by the trial magistrate, as conceded by the Director of Public Prosecutions. This irregularity vitiated the conviction and sentence. In the interests of justice, the court set aside the conviction and sentence and ordered a retrial before a different magistrate with the requisite jurisdiction, ensuring that the appellant receives a fair trial in accordance with the law.
Court Disposition
conviction and sentence set aside; retrial ordered
Orders
- The conviction and sentence of the appellant are set aside.
- The appellant shall be tried afresh before any magistrate of the requisite jurisdiction other than R.M Oanda PM.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CORAM: A.K NDUNG’U J.
CRIMINAL APPEAL NO. 60 OF 2019
RONALD MANYARA.......................................................................................APPELLANT
VERSUS
REPUBLIC through ODPP............................................................................RESPONDENT
(An appeal from the conviction and sentence of Hon. R. Oanda, PM
dated and delivered on the 3rd day of July 2019 in the original PMCR
(Sexual Offences) No. 42 of 2018)
JUDGEMENT
I have considered the concession by the DPP who has raised an important omission on the part of the trial magistrate.
In the circumstances of this case, I find and hold the proceedings leading to the conviction of the appellant irregular. I proceed to set aside the conviction and sentence of the appellant.
The interests of justice in this matter shall be served with an order for retrial. The order on conviction and sentence is set aside and substituted with an order that the appellant be tried afresh before any magistrate of the requisite jurisdiction other than R.M Oanda PM.
Dated and delivered at Kisii this 17th day of February 2020.
A.K NDUNG’U
JUDGE
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Gogi h/b Mireri, Advocate for the appellant