[2021] KEHC 3120 (KLR)
The court found that the appellant, unlike an accused at trial, does not have a constitutional right to an advocate at public expense. The discretion to appoint such counsel is exercised only where the appeal is complex or involves novel or unusual points of law. Upon reviewing the record, the court found no...
Source-derived case information.
- Citation
- [2021] KEHC 3120 (KLR)
- Parties
- Appellant: Victor Munene Ndumbi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 37 of 2019
- Procedural Posture
- Criminal Appeal / Ruling on Application for Advocate at Public Expense
- Outcome
- Application for advocate at public expense refused.
- Judges
- DW Mbuteti
- Legal Topics
- Right to Legal Representation, Public Expense Advocate, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Munene Ndumbi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Advocate at Public Expense
Legal Issues
- 1 Whether the appellant is entitled to be supplied with an advocate at public expense for the appeal.
- 2 Whether the appeal raises complex or novel legal issues justifying appointment of counsel at public expense.
Ratio Decidendi
The court found that the appellant, unlike an accused at trial, does not have a constitutional right to an advocate at public expense. The discretion to appoint such counsel is exercised only where the appeal is complex or involves novel or unusual points of law. Upon reviewing the record, the court found no complexity or novelty in the appeal and therefore refused the request for an advocate at public expense.
Court Disposition
Application for advocate at public expense refused.
Orders
- The appellant's request to be supplied with an advocate at public expense is refused.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL APPEAL NO 37 OF 2019
VICTOR MUNENE NDUMBI...............................................................APPELLANT
VERSUS
REPUBLIC...........................................................................................RESPONDENT
Appeal from original Conviction and Sentence in Nanyuki CM
Sexual Offence Case No 49 of 2018 – N Thuku, PM)
R U L I N G
1. The Appellant herein, VICTOR MUNENE NDUMBI, was convicted after trial of defilement of a child contrary tosection 8(1) & (2)of the Sexual Offences Act, 2006 and sentenced to life imprisonment on 20/08/2019. He appealed against both conviction and sentence.
2. The appeal was scheduled to be heard on 05/10/2021, but on 07/06/2021 the Appellant applied to court to be supplied with an advocate at public expense to argue the appeal for him. Learned counsel for the Respondent sought time to peruse the record of appeal in order to determine if he would concede or object to this request. On 22/09/2021 the learned counsel informed the court that he objects to the request by the Appellant upon the ground that there was nothing complex or novel in the appeal to justify the public expenditure.
3. An appellant does not have a constitutional right to an advocate at public expense if he is unable to afford one himself, unlike an accused person at trial. Such an advocate can however be supplied at the discretion of the court. That discretion will usually be exercised in an appellant’s favour where the appeal at hand is complex and/or involving a novel or unusual point of law. I have perused the record of appeal herein. I find nothing complex, unusual or novel in the appeal.
4. In the result the Appellant’s request to be supplied with an advocate at public expense is hereby refused. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 13TH DAY OF OCTOBER 2021
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 14TH DAY OF OCTOBER 2021