Robert Kiprotich Rono v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO CRIMINAL APPEAL NO. 52 OF 2011 ROBERT KIPROTICH RONO.................. …......APPELLANT VERSUS REPUBLIC..........................................................RESPONDENT (Being an appeal against the Conviction and Sentence by the Honourable N.Wairimu, Resident Magistrate at Kericho in Sexual Offences No. 49 of 2011 on 3.10.2011) JUDGMENT 1. Robert Kiprotich Rono (appellant) was charged and convicted of the offence of defilement of a girl aged eight (8) years contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act No. 3 of 2006. 2. The record shows that the charge was read to the appellant in the morning of 15 th September, 2011. The prosecutor applied to read the facts later. The record shows the facts were to be read at 2p.m. 3. Later at 2.45p.m with no indication of the coram, the Prosecutor read the facts. The appellant was not reminded of the charge. 4. Its also not clear if there was any clerk in Court and the language the facts were read in. 5. After the facts were read what followed was “Accused in Mitigation” 6. There was no conviction but a plea of guilty was entered after mitigation, which is never the case. 7. The whole procedure adopted by the learned trial magistrate is wanting. 8. The appellant was not in the words of the Court of Appeal in BOIT V R [2002] 1 KLR 815 warned of the consequences of pleading guilty as this was a serious offence carrying a sentence of Life imprisonment.

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