criminal decision 2025 01 08 15 13 41
The plea was unequivocal as it was taken in Kiswahili, a language understood by the appellants, and there was no claim of misunderstanding at trial. The sentence was illegal because the trial magistrate relied on extraneous matters not established in evidence. The appropriate remedy was to set aside the original sentence and substitute it with a sentence equivalent to time already served, resulting in the appellants' immediate release.
Source excerpt
- Plea of guilty
- Sentencing
- Possession of instruments of witchcraft
- Appeal procedure