Johnson Kinyua Gachingi v Republic [2021] KEHC 679 (KLR)

Facts

The appellant was charged with forgery and pleaded guilty, receiving a 2 1/2 year sentence. He appealed, alleging errors in the trial process.

Issues

1. whether the loss of the original file will render the appeal successful
2. if not, whether the plea was defective for the trial court's failure to warn the appellant of the consequences of pleading guilty

Reasoning

The court acknowledges the appellant's claims but rules that the appeal must be dismissed because the original file is missing, rendering the appeal incompetent.

Outcome

Appeal dismissed

Authorities cited