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…The first relates to non-compliance with the fair hearing principles stated in Article 50(2) of the Constitution.…

…The respondent submits that there was compliance with some, and non-compliance with others. The non-compliance, the respondent points at, relates to failure to inform the appellant of his right to legal representation.…

…The first relates to non-compliance with the fair hearing principles stated in Article 50(2) of the Constitution.…

…The respondent submits that there was compliance with some, and non-compliance with others. The non-compliance, the respondent points at, relates to failure to inform the appellant of his right to legal representation.…

…nonetheless fixed the matter for mention on 18/3/2024 to confirm compliance and on which latter date, the there was no appearance by the appellant hence the formalization of the dismissal of the appeal by this court for non-compliance…

…I reiterate that the order of 18th March 2024 dismissing the appeal herein was for reasons of non-compliance with the Court’s directions to file submissions to prosecute the appeal as per the enlarged period and this Court…

…Did the non-compliance, with respect to language, place the appellant at a disadvantage? I do not think it did.…

…Was the non-compliance above prejudicial? I do not think so. That non-compliance was cured, by the coming on record, for the appellant, of Mr. Okutta, Advocate, on 20th February 2024. Mr.…

…There was partial compliance, and partial non-compliance. It is often said that trial would be vitiated only where the accused is prejudiced by such contraventions. I disagree.…

…The Constitution makes fair trial rights prerequisites, and non-compliance should vitiate a trial, regardless of whether prejudice was suffered or not.…

…The second issue, flagged by the appellant, relates to unfairness of the trial, in terms of non-compliance with Article 50(2)(g)(h) of the Constitution of Kenya.…

…What the Constitution commands ought to be complied with, otherwise, by dint of Article 2(4) thereof, any act, which is tainted by non-compliance, would be invalid and a nullity.…

…The second issue, flagged by the appellant, relates to unfairness of the trial, in terms of non-compliance with Article 50(2)(g)(h) of the Constitution of Kenya.…

…What the Constitution commands ought to be complied with, otherwise, by dint of Article 2(4) thereof, any act, which is tainted by non-compliance, would be invalid and a nullity.…

…Accordingly, the appeal is allowed, the conviction quashed, and the sentence set aside for non-compliance with Article 50(2)(g) of the Constitution.…

…Accordingly, the appeal is allowed, the conviction quashed, and the sentence set aside for non-compliance with Article 50(2)(g) of the Constitution.…

…This is a serious omission on the part of the trial court, as it amounts to non-compliance with an express statutory provision.…

…Trial courts have a duty to ensure that they are complied with, and failure to comply ought to automatically render the subsequent trial null and void, for non-compliance with the Constitution. 21.…

…Article 2(4) of the Constitution renders invalid any act or omission which amounts to a non-compliance with provisions of the Constitution.…

…Trial courts have a duty to ensure that they are complied with, and failure to comply ought to automatically render the subsequent trial null and void, for non-compliance with the Constitution. 21.…

…Article 2(4) of the Constitution renders invalid any act or omission which amounts to a non-compliance with provisions of the Constitution.…

…Did the non-compliance, with respect to language, place the appellant at a disadvantage? It is hard to tell.…

…Was the non-compliance above prejudicial? I think so. The appellant was described, in the proceedings, variously as a casual labourer, caretaker of a homestead and a herdsman.…

…The effect of non-compliance is that the entire trial is vitiated, for it amounts to a mistrial. 8. I have examined the record herein and found that the appellant was not informed of his right to legal representation.…

…That failure amounted to non-compliance with the mandatory provision in S. 344A(1) of the Criminal Procedure Code.…

…Code violated Article 50(2)(o) of the Constitution on protection against double jeopardy. 2) Whether section 200(3) of the Criminal Procedure Code was complied with upon change of trial magistrate and, if not, whether any non-compliance…

…However, in light of the violation of Article 50(2)(o) of the Constitution and the non-compliance with section 200(3) of the Criminal Procedure Code, the proceedings are rendered a nullity, and it is therefore not open to…

…Whether there was non-compliance with Article 50(2)(g)(h) and section 71 of the CPC 2. Whether the ingredients of the offence herein were proved to the required standard in Law.…

…On whether there was non-compliance with Article 50(2)(g)(h) and section 71 of the CPC The Appellant contends that he was denied the right to legal representation and that the trial took place outside the proper territorial…

…This is a serious omission on the part of the trial court, as it amounts to non-compliance with an express statutory provision. 16.…

…I am aware that some courts hold the view that the issue of violation of fair hearing rights should count only where the appellant complains of them, and alleges and demonstrates prejudice arising from any non-compliance.…

…However, section 382 of the Criminal Procedure Code cannot be a remedy for curing non-compliances with Article 50(2) of the Constitution. 13. Strict observance of these constitutional dictates is important.…