[2008] KEHC 3436 (KLR)
The court found that the appellants had unequivocally admitted the charge and the facts as read to them during plea taking. Since the issue of self-defence was not raised at the trial stage, it could not be entertained for the first time on appeal. The conviction was proper, and the sentence of two years...
Source-derived case information.
- Citation
- [2008] KEHC 3436 (KLR)
- Parties
- Appellant: Wycliffe Simiyu Mwenya; Appellant: Another; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 51 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- J Karanja
- Legal Topics
- Plea Taking, Conviction Appeal, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe Simiyu Mwenya
Appellant
Another
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the plea was properly taken and unequivocal.
- 2 Whether the appellants can raise the issue of self-defence at the appeal stage.
- 3 Whether the conviction and sentence were lawful and justified.
Ratio Decidendi
The court found that the appellants had unequivocally admitted the charge and the facts as read to them during plea taking. Since the issue of self-defence was not raised at the trial stage, it could not be entertained for the first time on appeal. The conviction was proper, and the sentence of two years imprisonment was lawful and not excessively harsh. There was no legal basis to interfere with either the conviction or the sentence imposed by the trial court.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The sentence of 2 years imprisonment for each appellant is upheld.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA
Criminal Appeal 51 of 2007
WYCLIFFE SIMIYU MWENYA & ANOTHER…………..APPELLANTS
VRS
REPUBLIC…………………..…………………………....RESPONDENT
JUDGMENT OF THE COURT
I have considered the grounds of petition raised by both appellants herein. Firstly, the plea was properly taken. The appellants each admitted the charge.
The plea was unequivocal as they both admitted the facts after the same were read over to them. They did not raise the issue of self defence which they seek to raise in their petitions of appeal. This cannot be done at this stage.
Accordingly, I am inclined to agree with the State Counsel that this appeal lacks merit. The conviction was proper, the sentence was lawful and not excessively harsh. I have no basis of interfering with the sentence or conviction.
Accordingly, this appeal is hereby dismissed and the sentence of 2 years imprisonment each upheld.
W. KARANJA
JUDGE
22/1/2008