JUDGMENT OF THE COURT
In the court of the Senior Resident Magistrate at Lodwar, the appellant before us, EBENYO YEIYA ELIM, was on the 28th July, 2009, recorded to have pleaded guilty to a charge of defilement contrary to Section 8(1)(4) of the Sexual Offences Act, No. 3 of 2006. The particulars contained in that charge were that on the 21st day of July, 2009 in Turkana West District in Rift Valley Province, the appellant intentionally and unlawfully committed an act which caused penetration to the genital organ of A.E.S, a child aged sixteen years.
The record of the magistrate shows that the proceedings in that court were being conducted in “English to Kiswahili/Turkana” and interpretation was being done by one J. Lotiir whose designation is shown as “Ass/EO” which we take to mean “Assistant Executive Officer”. The charge was read to the appellant and the record of the magistrate shows:-
“Accused person states in Turkana: “the main count is true.”The magistrate accepted that statement a…