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(2018) JELR 102514 (CA)

Court of Appeal  •  Criminal Appeal 74 of 2016  •  9 Feb 2018  •  Kenya

Daniel Kiio Musinga, William Ouko, Stephen Gatembu Kairu



The case of Adan v. R, (1973) EA 446 and several others after it have firmly established the procedure of recording a guilty plea in criminal trials. In that case the court made it clear that;

“When a person is charged, the charge and the particulars should be read out to him, so far as possible in his own language, but if that is not possible, then in a language which he can speak and understand. The magistrate should then explain to the accused person all the essential ingredients of the offence charged. If the accused then admits all those essential elements, the magistrate should record what the accused has said, as nearly as possible in his own words, and then formally enter a plea of guilty. The magistrate should next ask the prosecutor to state the facts of the alleged offence and, when the statement is complete, should give the accused an opportunity to dispute or explain the facts or to add any relevant facts. If the accused does not agree with the stateme…

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