Peter Nakoide Emase v Republic [2005] KEHC 2873 (KLR)
- Court
- High Court of Kenya
- Case number
- 2873
- Citation
- [2005] KEHC 2873 (KLR)
- Decided
- 19 May 2005
The court dismisses the application for bail pending appeal but orders the substantive appeal to be heard and determined as a matter of priority
Facts
The appellant, Peter Nakoide Emase, was charged with defilement of a girl or indecent assault. He was tried in the Chief Magistrate's Court in Eldoret, Kenya, where the proceedings were conducted in Swahili and English, not the Turkana language he understood.
Issues
- Whether the language used in the trial was understood by the appellant
- Whether the Chief Magistrate's Court had jurisdiction to try the appellant as a minor
Reasoning
The court found that the appellant was not below 18 years of age at the time of trial, and there was no evidence to support the contention that the proceedings were conducted in a language he did not understand. The burden of establishing these grounds was on the appellant, who failed to provide the necessary information.
Outcome
Application dismissed
Orders
- Urgent steps to be taken to have the substantive appeal heard and determined as a matter of priority
Authorities cited
Legislation (2)
- Children's Act 2001
- Criminal Procedure Code (Cap.75)
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