Description
Criminal Litigation
- The following was recorded as court proceedings that took place on 12th October 2012 before the Honorable Mr. Justice Byron Kasaine at the High Court of Kenya in Marsabit.
“Coram
The Honorable Justice Byron Kasaine presiding
Accused person present (Ms Shupavu Noma)
Principal State Counsel, Prosecuting (Ms Lelei Rama)
Defence Counsel, present (Mr. Bonny Andanje)
Court Clerk (Mr. Ndere Namwakira)
Court Clerk
Ms Shupavu Noma, I want to read out to you the information. What language do you understand?
Ms Shupavu Noma
I am a Ugandan by birth; speak Luganda, excellent English and Lunyakole. Since I got married to a Kenyan in the year 2000, my Swahili has greatly improved.
Court Clerk
Ms Shupavu Noma, you are charged with the offence of treason contrary to Section 40 of the Penal Code (Cap.63 of the Laws of Kenya). Particulars of the offence are that on 29th December 2007 in Kirinyaga County, Central Province of the Republic of Kenya you together with other persons not before court invented and or intended the maiming and restraint of his Excellency the President of the Republic of Kenya with the sole aim of deposing his excellency from his position as President and Head of State and Commander-in-Chief of the Kenya Defence Forces.
Ms Shupavu Noma
Yes. It happened.
Court
Accused person convicted on her own plea of guilt. Prosecution may outline the facts.
Prosecution:-
Your honor, on 29th December, 2007 following the intensely contested and disputed presidential elections in the Republic of Kenya, the Director of the National Intelligence Service (NIS) received intelligence that the accused person with the help of several Libyans were holed up in a hotel in Kirinyaga County called Kiamutugi Hotel. The intelligence brief was to the effect that the accused was planning to levy war in Kenya against the Republic. The Libyans, who are believed to have been around 20, are known mercenaries who fought in the Ugandan Liberation War of 1986 and have previously engaged in combat in the Central African Republic and the Democratic Republic of Congo. A raid conducted by Kenya’s Special Forces on the said hotel on 29th December, 2007 managed to recover a document titled “Change of Guard.” In the “Change of Guard”, the accused person had laid out an elaborate plan on how an amphibious assault force of 1,000 men would land at the Port of Mombasa as another group of ‘airmen’ numbering 800 would land at the Jomo Kenyatta International Airport at the crack of dawn on 10th January, 2008 with the aim of capturing State House, the official residence of the President of Kenya.
Your honor, the “Change of Guard” is produced as an exhibit before this court and marked as Prosecution Exhibit Number 1.
After the raid on the hotel by the Special Forces, all the occupants of the East Wing of the said hotel escaped arrest and are believed to have escaped to the lawless Somalia. However on 5th October, 2012 the Kenya Defence Forces (KDF) captured Kisimayu, a port city in Somalia. While pacifying the said city, the accused person was found hiding in a bunker that previously served as the command and control centre of the Al Shabaab militia. She was arrested and handed over to the Military Police at Afmadow who later flew her to Kenya to answer to those charges.
Accused Person:
Yes I was arrested in Kisimayu by the KDF. I was part of the Mujahedeen fighting infidels.
Court
Plea of guilty entered. I have looked at Section 40 (3) of the Penal Code (Cap.63 of the Laws of Kenya). I have no choice but to sentence you to death by firing squad. Since the death penalty is mandatory, it is not necessary to invite you or your counsel to mitigate. It is so ordered.
Right of appeal within 14 days from today’s date.
12th October, 2012”
Signed.
Ms Shupavu Noma has instructed you to prepare the necessary instrument of appeal for filing to the court with the requisite appellate jurisdiction. Proceed.
(15 marks)
ATP 101Criminal Litigation 2012 - Nov 2012-1-2
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