Case ID:158670

Parties: None

Date Delivered: None

Case Type: None

Court: None

Judges: None

Citation: None

William Odongo Ogal v Republic[2020] eKLR

Case Metadata

Case Number:

Criminal Appeal 21 of 2019

Parties:

William Odongo Ogal v Republic

Date Delivered:

05 May 2020

Case Class:

Criminal

Court:

High Court at Siaya

Case Action:

Judgment

Judge(s):

Roselyne Ekirapa Aburili

Citation:

William Odongo Ogal v Republic[2020] eKLR

Case History:

Being an appeal against sentence conviction from the judgment in the Principal Magistrate’s Court at Bondo in Criminal Case No. 359 of 2017 dated 12.3.2019 by Hon. E. N. WASIKE Senior Resident Magistrate

Court Division:

Criminal

County:

Siaya

History Docket No:

Criminal Case No. 359 of 2017

History Magistrate:

Hon. E. N. WASIKE Senior Resident Magistrate

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. 21 OF 2019

WILLIAM ODONGO OGAL.........................................................APPELLANT

VERSUS

REPUBLIC....................................................................................RESPONDENT

(Being an appeal against sentence conviction from the judgment in the

Principal Magistrate’s Court

at Bondo in Criminal Case No. 359 of 2017

dated 12.3.2019

by Hon. E. N. WASIKE Senior Resident Magistrate.)

JUDGMENT VIA SKYPE

1. I have perused the trial Court record and I observe that the Court despite taking evidence of witnesses on Oath, the language in which the witnesses testified is not indicated. It is therefore not clear which of the three languages was used by which witness and/or the Appellant.

2. The omission offends the provisions of Section 197 and 198 of the Criminal Procedure Code as read with Article 50(2) (m) of the Constitution. I find the trial of the appellant was vitiated. I quash the conviction of the Appellant and vacate the sentence imposed and order for retrial of the appellant before Bondo Principal Magistrate’s Court. Orders accordingly.

Dated, Signed and Delivered at Siaya this 5

th

Day of May, 2020 via skype due to Covid 19 situation

R. E. ABURILI

JUDGE

Meta Info:

{'Case Number:': 'Criminal Appeal 21 of 2019', 'Parties:': 'William Odongo Ogal v Republic', 'Date Delivered:': '05 May 2020', 'Case Class:': 'Criminal', 'Court:': 'High Court at Siaya', 'Case Action:': 'Judgment', 'Judge(s):': 'Roselyne Ekirapa Aburili', 'Citation:': 'William Odongo Ogal v Republic[2020] eKLR', 'Case History:': 'Being an appeal against sentence conviction from the judgment in the Principal Magistrate’s Court at Bondo in Criminal Case No. 359 of 2017 dated 12.3.2019 by Hon. E. N. WASIKE Senior Resident Magistrate', 'Court Division:': 'Criminal', 'County:': 'Siaya', 'History Docket No:': 'Criminal Case No. 359 of 2017', 'History Magistrate:': 'Hon. E. N. WASIKE Senior Resident Magistrate', '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'}