pleas

Question 1

types? 4 of them

Answer 1

A. Guilty

B. Not guilty (3 types):

1. accused does not admit the charge s.207(3)
2. The accused does not admit the statement of facts as seen in Adan v R.
3. The accused refuses to plead (silence) S.207(4)/ s.280(1).

DEALT WITH AS PRELIMINARY ISSUES!!!
C. Autrefois acquit/convict (a.50 (0), s.207(5) & s.138..
How to rebut it (prosecution), s.141-142.

D. President’s pardon s.207(5b)

Question 2

test?

Answer 2

unequivocal one

Question 3

case? 4 of them

Answer 3

A. Adan v R: pleas recorded exactly as stated.
Also, ‘do’ and such words do not show admission of facts. The plea must be specific.
Moreover, it stated that the accused before pleading must understand all the elements of the offence in a language they understand.

B. Wandete Munyoki v R: capital offence when guilty must be adjourned for the accused to reflect. this is because in a of a plea of ‘quilty’, the court’s duty of ensuring that the plea is unequivocal is heightened.

C. John Masau V R: change of plea from guilty to not guilty is entered anytime before sentencing. The same is to happen when they say things contrary to his ‘guilty’ plea.

Boniface Kioko v R: accused can change from ‘not guilty’ to ‘guilty’ and the test remains an unequivocal one.

Question 4

CPC?

Answer 4

plea bargaining: s.137(a-l)- 4 outcomes possible

s.207-208 and 274: for pleas for subordinate +HC

Question 5

constitution?

Answer 5

A.50.2f: accused must be in court to take the plea unless their conduct proves otherwise.