JUDGMENT OF THE COURT
The appellant pleaded guilty to a charge of defilement contrary to section 8(1) as read with sub-section (3) of the Sexual Offences Act. Following that plea he was sentenced to 20 years imprisonment as the child was said to be 15 years old. His first appeal to the High Court was dismissed and he has brought this second appeal arguing that the High Court erred in upholding the conviction and sentence without noting that the trial language was not interpreted to him and also failing to see that the plea was not properly taken and lastly that the complainant’s age was not proved beyond reasonable doubt.
During the hearing of this appeal the appellant relied on his written submissions which reiterated the above grounds and on the cases of Antony Njeru Katiari& another v. Rep (2007) eKLR for the proposition that where proceedings are conducted in a language the accused does not understand, the fact that it was interpreted to him must be apparent on record, Adan v. R (19…