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Kenya decisions
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Setonei v Republic [2024] KEHC 15315 (KLR)
The High Court quashed a guilty-plea conviction after finding the appellant had not been warned of the plea’s consequences and ordered a retrial.
Njue v Republic [2022] KEHC 12247 (KLR)
The court found that the plea of guilty entered by the appellant was equivocal because the trial magistrate failed to explain the consequences of the plea, particularly the severity of the sentence for robbery with violence. The court emphasized that for a plea to be unequivocal, the accused must understand both the nature of the charge and the consequences of pleading guilty, especially when unrepresented and facing a serious offence. The failure to warn the appellant of the consequences constituted a violation of his right to a fair trial under Article 50 of the Constitution. Given these de…
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Republic v Brian Irungu & 4 others [2018] KEHC 345 (KLR)
The Resident Magistrate did not have jurisdiction to hear and determine offences under the Alcoholic Drinks Control Act, as the Act expressly defines 'magistrate' to mean a magistrate above the rank of Resident Magistrate. Consequently, the conviction and sentence imposed by the Resident Magistrate are null and void. The court quashed both the conviction and sentence, set aside any warrants of arrest issued, and ordered a refund of any fines paid, as all actions taken without jurisdiction are invalid in law.
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Republic v Stephen Njenga & 14 others [2018] KEHC 356 (KLR)
The High Court quashed a conviction and sentence entered by a Resident Magistrate for want of jurisdiction under the Alcoholic Drinks Control Act.
Grace Ntakira v Republic [2018] KEHC 7138 (KLR)
The court found that the offence charged under Section 27(1)(b) as read with subsection 4 of the Alcoholic Drinks Control Act was not non-existent, as the law clearly establishes offences relating to possession of alcoholic drinks that do not conform to the Act. However, the court observed that the record did not indicate the language used in court or in reading the charges to the applicant, raising doubt as to whether the plea was unequivocal and the process procedural. Exercising its revisionary jurisdiction, the court quashed the conviction and sentence on the basis that the plea taking pr…
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Clement Maina Njuguna v Republic [2017] KEHC 831 (KLR)
The High Court dismissed a motion for bail pending appeal, finding no overwhelming chance of success and no exceptional circumstance from the applicant’s ill health.
Bernard Muchemi Riungo v Republic [2017] KEHC 489 (KLR)
The conviction of the appellant was a nullity because the trial court failed to follow the mandatory procedure for taking a plea of guilty. Specifically, the facts of the case were not read out to the appellant after his plea, and he was not given an opportunity to admit or dispute those facts, as required by law. The court also noted that the plea was taken multiple times in a confusing manner, and the record did not show any request by the appellant to change his plea. Given the destruction of exhibits and the period already served in custody, a retrial would not serve the interests of just…
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Noor Ismael Ahmed v Republic [2017] KEHC 2354 (KLR)
The High Court found the plea of guilty was not unequivocal, quashed the conviction, set aside the sentence, and ordered a fresh plea before a different magistrate.
Jane Nyabonyi Morekwa v Republic [2016] KEHC 2804 (KLR)
The court found that the plea of guilty entered by the appellant was not unequivocal because the prosecution failed to state the facts of the case as required by law. The record showed that the prosecutor merely stated 'facts as per charge sheet' without detailing the facts for the appellant to confirm or deny, contrary to Section 207(2) of the Criminal Procedure Code and the principles in Adan vs Republic. Additionally, the court held that 'kangara' is not defined as an alcoholic drink under the Alcoholic Drinks Control Act, and possession or sale of such a substance is not criminalised. The…
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Maurine Awino Oduor v Republic [2016] KEHC 3825 (KLR)
The court found that the appellant had raised serious legal issues regarding whether the particulars of the charge supported the offence, whether 'Kangara' qualifies as an alcoholic drink under the relevant statute, and whether the sentence was excessive. Given these arguable points of law and the risk that the appellant would serve a substantial part of her sentence before the appeal is determined, the court was satisfied that the appeal had overwhelming chances of success. The court exercised its discretion to grant bail pending appeal, finding that denying bail could result in irreversible…
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