Stanley Njoroge Kamande v Republic [2014] KEHC 5064 (KLR)

Summary at a glance

Facts

The applicant was charged with two counts of disobedience of lawful orders contrary to section 131 of the Penal Code. He pleaded guilty to both counts.

Issues

• Whether the applicant's plea was unequivocal
• Whether the applicant was accorded a fair trial
• Whether the applicant was given the opportunity to change plea

Reasoning

The court found that the applicant's plea was not unequivocal and that he was not given the opportunity to change plea. The court also noted that the applicant was not given the opportunity to refute or explain the facts before entering his plea of guilty.

Outcome

Quashed the applicant's conviction and set aside the sentences imposed.

Orders

• Quash the applicant's conviction and set aside the sentences imposed upon him in the Murang’a Chief Magistrates Court Criminal Case No 858 of 2013

Authorities cited