[2009] KEHC 2350 (KLR)
The court found that the plea of guilty was unequivocal as the charge and facts were read in English and interpreted to Kiswahili, a language the appellant understood. The appellant admitted the facts and mitigated, indicating comprehension. The sentence of three years' imprisonment was not harsh or excessive given...
Source-derived case information.
- Citation
- [2009] KEHC 2350 (KLR)
- Parties
- Appellant: Wycliff Obae Abuga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 98 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- House Breaking, Plea of Guilty, Sentencing, Appeal on Conviction, Appeal on Sentence
- 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
Wycliff Obae Abuga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the plea of guilty entered by the appellant was unequivocal.
- 2 Whether the sentence imposed was harsh or excessive.
Ratio Decidendi
The court found that the plea of guilty was unequivocal as the charge and facts were read in English and interpreted to Kiswahili, a language the appellant understood. The appellant admitted the facts and mitigated, indicating comprehension. The sentence of three years' imprisonment was not harsh or excessive given the circumstances and the nature of the offence. Consequently, both the conviction and sentence were upheld and the appeal was dismissed in its entirety.
Court Disposition
appeal dismissed
Orders
- The appeal against conviction is dismissed.
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII
Criminal Appeal 98 of 2008
WYCLIFF OBAE ABUGA ……………….…………… APPELLANT
VERSUS
REPUBLIC ………………………………………….. RESPONDENT
(From original conviction and sentence in the Resident Magistrate’s Court
Keroka Criminal Case No.442 of 2008 by HON. MR. WERE ESQ., S.R.M)
JUDGMENT
The appellant was convicted on his own plea of guilty on a charge of house breaking contrary to section 304(1) and stealing contrary to section 279(b) of the Penal Code. He was sentenced to three years’ imprisonment.
He appealed against the conviction and sentence. He stated, inter alia, that the plea was equivocal and the sentence was harsh.
I have perused the record of appeal and it is clear that the plea was unequivocal. The charge and the facts were read in English and interpreted to Kiswahili language. There was no indication that the appellant did not understand Kiswahili. He admitted that the facts were true and he mitigated.
I dismiss the appeal against conviction. As regards the appeal against sentence, I do not find the same to be harsh or excessive, I therefore dismiss the appeal in its entirety.
DATED, SIGNED and DELIVERED at KISIIthis 15thday of May,2009.
D. K. MUSINGA.
JUDGE.
Delivered in the open court in the presence of:
1. Mr. Nyakundi for the appellant.
2. Mr. Mutai, Senior State Counsel for the Republic.
D. K. MUSINGA.
JUDGE.