Timothy Mururi v Republic [2017] KEHC 3266 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYAAT NANYUKI

CRIMINAL  CASE APPEAL  NO.  28 OF 2016

TIMOTHY MURURI..............................APPELLANT

Versus

REPUBLIC........................................RESPONDENT

(Being an appeal from the original conviction and sentence by Hon. B M Kimutai Ag. Senior Resident Magistrate dated 28th March 2013 in Nanyuki Chief Magistrate Court Criminal CaseNo. 231 of 2013)

JUDGMENT

Section 348 of the Criminal Procedure Act Provides:

“Noappeal shall be allowed in the case of accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence.”

1. In  the case OLEL – V- REPUBLIC  [1989]  K LR 444 it was held:

“Wherea plea is unequivocal, an appeal against conviction does not lie. Section 348 of the Criminal Procedure Code (Cap 75) does not merely limit the right of appeal in such cases but bars it completely.”

2. Timothy Mururi was convicted on his own plea of guilt to a charge of defilement Contrary to Section 8(1) (3) of the Sexual Offence Act No. 3 of 2006. The trial court on convicting him sentenced him to 20 years imprisonment.

3. In view of what is stated above in this judgment, in the opening paragraphs the appeal herein against conviction cannot stand. The appellant first plead guilty to the offence of defilement and after the facts of the case were read he confirmed that those facts were correct. The prosecution produced before court the P3 form which was filled after the complainant was examined. In that P3 form the age of the complainant was stated to be 14 years.

4.  In view of the above there is no basis for the appellant to seek to appeal against his conviction. At the time of his conviction on his own plea of guilt the appellant did not state that his plea was influenced by police nor did he state to the trial court that he was under stress. These arguments are coming late in the day and in this court’s view they are merely after thoughts in attempt to have the conviction overturned.

5. Further the court does not find that the appellant was held in custody for a prolonged period. The charge sheet shows the appellant was arrested on 27th March 2013 and presented before the trial court on the following day 28th March, 2013.

6.  It is for the above reason that this court rejects appeal against conviction. The appellant’s plea of guilt was unequivocal.

7. There being no basis for altering the trial court’s sentence the entire appeal is dismissed and the trial court’s sentence is confirmed.

Dated and Delivered at Nanyuki this 4th  October 2017

MARY KASANGO

JUDGE

Coram

Before Justice Mary Kasango

Court Assistant: Njue/Mariastella

Accused:  Timothy  Mururi

For state:        ………………………………

Language …………………………………

COURT

Judgment delivered in open court

MARY KASANGO

JUDGE