Abdiaziz Abdi Hirsi v Republic [2018] KEHC 3184 (KLR)

Abdiaziz Abdi Hirsi v Republic [2018] KEHC 3184 (KLR)

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL APPEAL NO. 80 OF 2018

CORAM: D.S. MAJANJA J.

BETWEEN

ABDIAZIZ ABDI HIRSI............................................APPELLANT

AND

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

(Being an appeal from the original conviction and sentence of Hon. S. Mwangi, CM dated 5th July 2018 at the Chief Magistrate’s Court at Isiolo in Criminal Case No. 241 of 2016)

JUDGMENT

1. The appellant, ABDIAZIZ ABDI HIRSI, was charged with the offence of promotion of trafficking in persons contrary to section 5(d) of the Counter Trafficking in Persons Act, Act No. 8 of 2010. He was convicted and sentenced to pay a fine of Kshs. 20 million in default to serve 20 years’ imprisonment.

2. Having read the record, it is not clear whether the appellant understood the proceedings. The charges against him were were read in Swahili. He gave his defence and mitigation in Somali language. The proceedings and particularly the cross-examination does not reflect the fact that he understood the proceedings.

3. I allow the appeal and quash the conviction. I will however order a retrial and for that reason the appellant shall remain in custody and shall be taken for fresh plea before the Magistrates Court at Isiolo on 22nd October 2018. The trial magistrate is directed to ensure that a Somali translator is provided.

DATED and DELIVERED at MERU this 17th day of October 2018.

D.S. MAJANJA

JUDGE

Ms Nelima, Advocate for the Appellant.

Mr Kiarie, Prosecution Counsel, instructed by the Office of the Director of Public Prosecutions for the respondent.

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