FEISAL ALI v REPUBLIC [2007] KEHC 1737 (KLR)
- Court
- High Court of Kenya
- Case number
- 1737
- Citation
- [2007] KEHC 1737 (KLR)
- Decided
- 29 May 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from conviction and sentence of the Chief Magistrate's CourtCoramD.K. MARAGA
Holding
The conviction is quashed and the sentence set aside. A retrial is ordered.
Facts
The appellant was charged with nine counts of molestation under Section 238(2) of the Penal Code. He pleaded guilty and was convicted and sentenced to two years imprisonment on each count.
Issues
- Defective charge
- Insufficiency of evidence on charges being read over and explained to the appellant
Reasoning
The particulars of the charges do not support the offence of molestation and there is no evidence that the charges were read over and explained to the appellant before he pleaded guilty.
Outcome
Appeal allowed, conviction quashed, sentence set aside, retrial ordered
Orders
- Draft proper charges and have the Appellant tried before another magistrate
- The Appellant shall be in remand custody until 30th May 2007 when he should be taken before any other magistrate than the Chief Magistrate for plea
Authorities cited
Legislation (1)
- Penal Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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