JUDGMENT OF THE COURT
:Joseph Onyango Otieno and Fredrick Ouma Omire the appellants herein were charged in the subordinate court on two counts of Rape Contrary to Section 140 of Penal Code, Cap 63 Laws of Kenya.Both appellants first appeared before the Senior Resident Magistrate, Ukwala on 29th December, 1995 when they pleaded not guilty to the two charges against them. Three mentions followed and the case was subsequently set down for hearing on 28th February, 1996.
On 28th February, 1996 both appellants are recorded as having indicated their wish to change their plea. Presumably, they wanted to change their plea from not guilty to guilty. The learned magistrate proceeded to record the change of plea and the record on the day in question reads as follows:
"ACC.1. I want to change my plea on both counts. CT.
1. It is true I had carnal knowledge of R.A.A without her consent.
2.It is true I had carnal knowledge of E.A without her consent.
ACC.2. I want to change my plea on both counts. CT. 1…