JUDGMENT OF THE COURT
1. Jacktone Otieno Onyango, the appellant, was charged with defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act. The particulars are that on the 29th day of December 2011 at [particulars withheld] North Sub-location in Mfangano North Location within Homa Bay County, he intentionally caused his penis to penetrate the vagina of LAO a child aged 11 years. The appellant faced an alternative count of committing an indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act.
2. On 30th December 2011, the appellant was arraigned before the trial magistrate for the taking of plea. The record shows that the charge was read to the appellant in Dholuo language and he stated that he understood the charge. Responding to the charge as read, the appellant replied “It is true. I picked mangoes for her, she ate and after that I had sex with her as she agreed to do anything for me after eating the mangoes.” The trial magistr…