[2017] KEHC 3266 (KLR)
The court held that since the appellant pleaded guilty unequivocally to the charge of defilement and confirmed the facts as correct, there was no basis for an appeal against conviction. Section 348 of the Criminal Procedure Act expressly bars appeals against conviction where the plea is unequivocal. The arguments...
Source-derived case information.
- Citation
- [2017] KEHC 3266 (KLR)
- Parties
- Appellant: Timothy Mururi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- MM Kasango
- Legal Topics
- Plea of Guilty, Right of Appeal, Defilement, Sentence Legality
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Timothy Mururi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether an appeal against conviction lies where the accused pleaded guilty to the charge.
- 2 Whether the sentence imposed was legal and appropriate under the Sexual Offences Act.
Ratio Decidendi
The court held that since the appellant pleaded guilty unequivocally to the charge of defilement and confirmed the facts as correct, there was no basis for an appeal against conviction. Section 348 of the Criminal Procedure Act expressly bars appeals against conviction where the plea is unequivocal. The arguments raised by the appellant regarding coercion and stress were not presented at the time of plea and are considered afterthoughts. The court also found that the appellant was not held in custody for an unduly long period before being presented to court. Consequently, the appeal against conviction was dismissed, and the sentence imposed by the trial court was confirmed as lawful and...
Court Disposition
appeal dismissed
Orders
- The appeal against conviction is dismissed.
- The sentence of 20 years imprisonment imposed by the trial court is confirmed.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL CASE APPEAL NO. 28 OF 2016
TIMOTHY MURURI..............................APPELLANT
Versus
REPUBLIC........................................RESPONDENT
(Being an appeal from the original conviction and sentence by Hon. B M Kimutai Ag. Senior Resident Magistrate dated 28th March 2013 in Nanyuki Chief Magistrate Court Criminal CaseNo. 231 of 2013)
JUDGMENT
Section 348 of the Criminal Procedure Act Provides:
“Noappeal shall be allowed in the case of accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence.”
1. In the case OLEL – V- REPUBLIC [1989] K LR 444 it was held:
“Wherea plea is unequivocal, an appeal against conviction does not lie. Section 348 of the Criminal Procedure Code (Cap 75) does not merely limit the right of appeal in such cases but bars it completely.”
2. Timothy Mururi was convicted on his own plea of guilt to a charge of defilement Contrary to Section 8(1) (3) of the Sexual Offence Act No. 3 of 2006. The trial court on convicting him sentenced him to 20 years imprisonment.
3. In view of what is stated above in this judgment, in the opening paragraphs the appeal herein against conviction cannot stand. The appellant first plead guilty to the offence of defilement and after the facts of the case were read he confirmed that those facts were correct. The prosecution produced before court the P3 form which was filled after the complainant was examined. In that P3 form the age of the complainant was stated to be 14 years.
4. In view of the above there is no basis for the appellant to seek to appeal against his conviction. At the time of his conviction on his own plea of guilt the appellant did not state that his plea was influenced by police nor did he state to the trial court that he was under stress. These arguments are coming late in the day and in this court’s view they are merely after thoughts in attempt to have the conviction overturned.
5. Further the court does not find that the appellant was held in custody for a prolonged period. The charge sheet shows the appellant was arrested on 27th March 2013 and presented before the trial court on the following day 28th March, 2013.
6. It is for the above reason that this court rejects appeal against conviction. The appellant’s plea of guilt was unequivocal.
7. There being no basis for altering the trial court’s sentence the entire appeal is dismissed and the trial court’s sentence is confirmed.
Dated and Delivered at Nanyuki this 4th October 2017
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant: Njue/Mariastella
Accused: Timothy Mururi
For state: ………………………………
Language …………………………………
COURT
Judgment delivered in open court
MARY KASANGO
JUDGE