JUDGMENT OF THE COURT
The appellant Wesley Tuitok Kipngok was convicted on his own plea by the Resident Magistrate, Molo, of the offence of stealing contrary to Section 275 of the Penal Code and sentenced to 2 years imprisonment. His advocate, Mr. Mirugi Kariuki, filed his petition of appeal in the High Court of Kenya at Nakuru on December 7, 1993. The main grounds thereof were that the trial magistrate misdirected himself on the procedure for taking pleas as laid down in the case law; that the elements of the charge of stealing contrary to Section 275 of the Penal Code were not explained to the appellant; that the appellant might not have understood the language of the Court and that it was an error in law not to provide him with an interpreter; and finally that the facts as stated by the prosecutor did not disclose an offence of stealing upon which the appellant could be convicted. In February 1994, Rimita J. summarily rejected the appeal under section 352(2) of the Criminal Procedur…