JUDGMENT OF THE COURT
Section 348 of the Criminal Procedure Code provides, inter alia, that “No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence.” The import of this provision has substantial bearing on this appeal as we shall see shortly.
POO “the appellant” was charged with the offence of incest contrary to Section 20(1) of the Sexual Offences Act. The particulars of the offence were that on the night of 17th March, 2012, at [Particulars Withheld] slums in Industrial area within Nairobi Area Province intentionally touched the vagina of LA with his penis, who was to his knowledge his daughter. In the alternative, he was charged with committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act, in that on the same day and place he intentionally touched the vagina of LA with his penis, a child aged 10.
The Appellant …