[2020] KEHC 5622 (KLR)
The court found that the trial court's failure to indicate the language in which each witness and the appellant testified was a fundamental omission. This omission contravened Section 197 and 198 of the Criminal Procedure Code and Article 50(2)(m) of the Constitution, which guarantee the right to a fair trial,...
Source-derived case information.
- Citation
- [2020] KEHC 5622 (KLR)
- Parties
- Appellant: William Odongo Ogal; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 21 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction quashed; sentence vacated; retrial ordered
- Judges
- RE Aburili
- Legal Topics
- Criminal Procedure, Trial Language, Conviction Quashing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Odongo Ogal
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the omission to indicate the language used by witnesses and the appellant during trial vitiated the proceedings.
- 2 Whether the conviction and sentence should be quashed due to non-compliance with statutory and constitutional requirements.
Ratio Decidendi
The court found that the trial court's failure to indicate the language in which each witness and the appellant testified was a fundamental omission. This omission contravened Section 197 and 198 of the Criminal Procedure Code and Article 50(2)(m) of the Constitution, which guarantee the right to a fair trial, including the right to be informed in a language understood. As a result, the trial was vitiated, rendering the conviction unsafe. The court quashed the conviction, vacated the sentence, and ordered a retrial before the Bondo Principal Magistrate’s Court.
Court Disposition
conviction quashed; sentence vacated; retrial ordered
Orders
- The conviction of the appellant is quashed.
- The sentence imposed is vacated.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL APPEAL NO. 21 OF 2019
WILLIAM ODONGO OGAL.........................................................APPELLANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
(Being an appeal against sentence conviction from the judgment in the
Principal Magistrate’s Courtat Bondo in Criminal Case No. 359 of 2017
dated 12. 3.2019by Hon. E. N. WASIKE Senior Resident Magistrate.)
JUDGMENT VIA SKYPE
1. I have perused the trial Court record and I observe that the Court despite taking evidence of witnesses on Oath, the language in which the witnesses testified is not indicated. It is therefore not clear which of the three languages was used by which witness and/or the Appellant.
2. The omission offends the provisions of Section 197 and 198 of the Criminal Procedure Code as read with Article 50(2) (m) of the Constitution. I find the trial of the appellant was vitiated. I quash the conviction of the Appellant and vacate the sentence imposed and order for retrial of the appellant before Bondo Principal Magistrate’s Court. Orders accordingly.
Dated, Signed and Delivered at Siaya this 5th Day of May, 2020 via skype due to Covid 19 situation
R. E. ABURILI
JUDGE