Case ID:158432
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Jackton Owour Okatch v Republic [2020] eKLR
Case Metadata
Case Number:
Criminal Appeal 40 of 2019
Parties:
Jackton Owour Okatch v Republic
Date Delivered:
05 May 2020
Case Class:
Criminal
Court:
High Court at Siaya
Case Action:
Judgment
Judge(s):
Roselyne Ekirapa Aburili
Citation:
Jackton Owour Okatch v Republic [2020] eKLR
Case History:
(Being an appeal against judgment, conviction and sentence from the judgment in the Principal Magistrate’s Court at Bondo in Criminal[S.O.] Case No. 68 of 2018 dated 31.5.2019 by Hon. E. N. WASIKE, Senior Resident Magistrate.)
Court Division:
Criminal
County:
Siaya
History Magistrate:
Hon. EN Wasike (SRM)
History County:
Siaya
Case Outcome:
Appellant to be re-tried
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. 40 OF 2019
JACKTON OWOUR OKATCH ……………………………….... APPELLANT
VERSUS
REPUBLIC ……………………………………………………... RESPONDENT
(Being an appeal against judgment, conviction and sentence from the judgment in the Principal Magistrate’s Court at Bondo in Criminal[S.O.] Case No. 68 of 2018 dated 31.5.2019 by Hon. E. N. WASIKE, Senior Resident Magistrate.)
JUDGMENT VIA SKYPE
1. I have perused the trial Court record. I observe that the witnesses though sworn, the record does not show in which language they testified and/or which language was used by the witnesses and/or the Appellant.
2. This omission offends Sections 197 and 198 of the Criminal Procedure Code and Article 50(2) (m) of the Constitution which guarantee the accused person the right to be tried in a language that they understand and to be provided with free language interpretation.
3. I find the trial of the Appellant was vitiated by the omission to indicate which language the trial took place. I quash the appellant’s conviction and set aside the sentence imposed on the Appellant.
4. I order that the Appellant
Jackton Owuor Okatch
shall be re-tried before Bondo Principal Magistrate’s Court.
5. Orders accordingly.
Dated, Signed and Delivered at Siaya this 5
th
Day of May, 2020 via skype due to covid 19 situattion.
R. E. ABURILI
JUDGE