Case ID:158416

Dennis Omondi Owuor v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Appeal 27 of 2019

Parties:

Dennis Omondi Owuor v Republic

Date Delivered:

04 Mar 2020

Case Class:

Criminal

Court:

High Court at Siaya

Case Action:

Judgment

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Dennis Omondi Owuor v Republic [2020] eKLR

Case History:

(Appeal from the judgment, conviction and sentence delivered on 16th April 2019 at UKWALA vide Ukwala SRM S.O. case No 51 of 2018 by Hon C.I.Agutu SRM)

Court Division:

Criminal

County:

Siaya

History Docket No:

S.O. case No 51 of 2018

History Magistrate:

Hon C.I.Agutu (SRM)

History County:

Siaya

Case Outcome:

Retrial ordered

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL APPEAL NO. 27 OF 2019

DENNIS OMONDI OWUOR.......................................................APPELLANT

VERSUS

REPUBLIC................................................................................RESPONDENT1

(Appeal from the judgment, conviction and sentence delivered on 16

th

April 2019

at UKWALA vide Ukwala SRM S.O. case No 51 of 2018

by Hon C.I.AGUTU SRM)

JUDGMENT

1. The proceedings from the trial Court are observed to have been irregularly conducted. The record does not show the language in which some of the witnesses testified and whether the Accused person understood the proceedings now that he says he understands Dholuo, on appeal.

2. The defence evidence does not show the language the Accused person testified in. This is contrary to Section 198 of the Criminal Procedure Code as read with Article 50 (2) (m) of the Constitution. Accordingly I find that the trial of the Appellant was vitiated. The conviction is quashed and sentence set aside.

3. The Appellant shall be retried by the same Court in compliance with Sections 197 and 198 of the Criminal Procedure Code and Article 50(2)(m) of the Constitution.

4. The Appellant shall be held at Siaya G.K. Prisons and produced before Ukwala Principal Magistrate’s Court for retrial on 9.3.2020.

5. Orders accordingly.

Dated, Signed and Delivered at Siaya this 4

th

day of March, 2020.

R.E. ABURILI

JUDGE