Charles Kuria Macharia v Republic [2013] KEHC 6703 (KLR)
- Court
- High Court of Kenya
- Case number
- 6703
- Citation
- [2013] KEHC 6703 (KLR)
- Decided
- 17 October 2013
The appeal is allowed, and the conviction and sentence are reversed. The appellant is ordered to be retried before any competent Magistrate within Thika Law Courts.
Facts
The appellant was charged with three counts of robbery with violence and convicted and sentenced to death. The appeal was filed after the trial magistrate informed the parties that she was on transfer and set further hearing for 14 March 2012.
Issues
- Whether the trial magistrate complied with section 200(3) of the Criminal Procedure Code by informing the appellant of his rights and options.
- Whether the failure to comply with section 200(3) rendered the trial a nullity.
Reasoning
The court reviewed various decisions and concluded that the requirement to comply with section 200(3) of the Criminal Procedure Code is mandatory. The record in the instant case does not show whether the appellant was informed of his rights and options and the reply he gave.
Outcome
Appeal allowed, conviction and sentence reversed, retrial ordered
Orders
- Order for retrial before any competent Magistrate within Thika Law Courts
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (4)
- Bob Ayub alias Edward Gabriel Mbwana alias Robert Mandiga v Republic
- Ndegwa v Republic
- Richard Charo Mole v Republic
- Rebecca Mwikali Nabutola v Republic
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