IGNATIOUS KIBIWOT KITUR V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was convicted on his own plea of guilty to a charge of defilement of a girl aged 5 years. He was sentenced to life imprisonment. The appellant however preferred an appeal to the High Court, saying that the charge was read to him in Kiswahili language,which he did not understand, contending that he only understood Nandi language.

The High Court, in a considered judgment, found the appeal unmeritorious and dismissed it. The appellant preferred a second appeal to this Court. This being a second appeal, our jurisdiction is limited to matters of law only.

Although the appellant’s amended memorandum of appeal consists of several grounds, the only issues raised are that the proceedings were conducted in Kiswahili language which he did not understand, the sentence that was passed against him contravenes the provisions of Article 59 (2) of the Constitution and that he was not informed of his rights as provided in Article 50 (2) (g) and (h) of the Constitution.

A…