MERCY KAJUJU & 4 OTHERS V REPUBLIC [2009] KEHC 2951 (KLR)
- Court
- High Court of Kenya
- Case number
- 2951
- Citation
- [2009] KEHC 2951 (KLR)
- Decided
- 14 July 2009
The court found that the appellants' trial rights were not contravened, as the consolidated charge was read in English and translated into Kimeru, and the appellants responded in Kimeru. The court also found that there was sufficient evidence to convict the appellants and that the sentences were not harsh and discriminatory.
Facts
Five appellants were charged with a crime in Tigania Senior Resident Magistrate's Court. The trial magistrate sentenced them to varying terms of imprisonment. The appellants appealed, and their appeals were consolidated.
Issues
- whether the appellants' trial rights under s. 77 (2) (b) of the Constitution were contravened
- whether there was sufficient evidence to convict all the appellants
- whether the sentences meted against the appellants were harsh and discriminatory
Reasoning
The court determined that the appellants' trial rights were not violated, as the charge was read in a language the appellants understood, and they responded accordingly. The court also found that the evidence supported the convictions and that the sentences were not excessive.
Outcome
Affirmed
Authorities cited
Legislation (2)
- Constitution of Kenya
- Criminal Procedure Act
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