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REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAA CHONJO CRIMINAL APPEAL NO. --- OF 2013 PUNDA MILIA …………………………………………………………………………….……….……..APPELLANT VERSUS REPUBLIC………………………………………………………………………………………………..RESPONDENT PETITION OF APPEAL [Under Section 350 of the Criminal Procedure Code, Cap. 75- Being an appeal against conviction and sentence by Hon. Juma Msemakweli, Chief Magistrate in Kaa Chonjo Chief Magistrates Court Criminal Case No. 99 of 2013, Republic versus Punda Milia.] The Appellant herein appeals against the conviction and sentence of 20 years imprisonment by the Court in Kaa Chonjo Chief Magistrates Court Criminal Case No. 99 of 2013 delivered on 2nd October, 2013 on the following principal grounds, namely, that:1. The court proceedings of 2nd October, 2013 (”the proceedings”) are incurably defective in that they were based on an equivocal plea which the Hon. Chief Magistrate mistook for a plea of guilty. 2. The proceedings are fatally defective on account of being based on particulars of offence that did not disclose the offence charged. 3. The Hon. Magistrate erred in fact and law in conducting the proceedings without recording the language used thereat. 4. The Appellant was denied the right to have the proceedings in the trial court interpreted by an official and non-partisan interpreter into a language he understood. 5. The Appellant was denied the right to have the salient facts of the case narrated to him and to be given an opportunity to admit, deny or qualify the same.
6. The Appellant was not given a chance in the trial court to mitigate before sentence was passed on him. 7. The sentence is excessive and illegal. REASONS WHEREFORE the Appellant prays that:a) The appeal be allowed. b) The conviction be quashed. c) The sentence be set aside. [A copy of the proceedings incorporating the decision appealed against attached.] Dated at Kaa Chonjo this 14th day of October, 2013.
Wakili Shupavu & Company Advocates for the Appellant
Drawn & filed by:Wakili Shupavu & Co. Advocates Shika Adabu Building Munguyuko Street NAIROBI
To be served upon:-
The Director of Public Prosecutions Uhalifu Haulipi Building Wema Hauozi Avenue NAIROBI
