JUDGMENT OF THE COURT
1. The appellant, Joseph Wambua Mbuvi, was charged with defilement contrary to Section 8 (1) and (2) of the Sexual Offences Act No. 3 of 2006. The particulars of charge were that on the 9th day of October 2011 at Machakos County within Eastern Province, he intentionally and unlawfully caused his penis to penetrate the vagina of MNM, a child aged 11 years.
2. On 11th October 2011, the appellant was arraigned before the trial court for plea. Interpretation was done from English to Swahili language; the substance of the charge and every element thereof was read. The appellant in his own words stated: “It is true, I slept with the child.” The court then explained the charge in Kiswahili. The appellant responded “It is true. I did .” A plea of guilty was entered.
3. The record further shows that the prosecutor once again read the facts and particulars of the charge. The appellant in his own words responded: “Facts are correct. I had sex with the child. I have accepted. I…