Kiswahili.40 Further, interpretation was provided from English into Kiswahili
and vice versa during the trial court proceedings, including at the committal
stage when the information was read over and explained to him, and he
pleaded not guilty.41 Additionally, during the trial, the Applicant gave
evidence in his defence and only pointed to the fact that the statement was
not read over to him and that maybe the police wrote the name Phonex
instead of Avon regarding the model of the bicycle after hearing the
evidence of the relatives of the deceased.42
107. The Applicant’s participation in the proceedings as thus recounted was
manifestly in a language he understood since he did not raise any objection
to the proceedings being interpreted into Kiswahili.43 Notably, the Applicant
was represented by counsel who had the required understanding of the
proceedings that enabled him to object on behalf of his client as stated
earlier in this judgment.
108. It is also apparent, from the record, that there is nothing to show that the
Applicant made any request for interpretation into Kirundi instead of
Kiswahili and that the courts refused to grant it. Besides, the Applicant does
not point to any part of the proceedings where he expressly objected and
demanded such interpretation. This Court is of the considered view that by
not objecting, the Applicant understood the processes and agreed to the
manner in which they were being conducted. Against these facts, the
reasonable conclusion is that the Applicant had the requisite understanding
to make decisions on whether and how he should participate in the
proceedings and possibly object to any part thereof.
109. In light of the above, the Court finds that the lack of provision of an
interpreter in his native language, Kirundi during the concerned
proceedings did not affect the Applicant’s ability to defend himself.
The Republic v. Dominick S/O Damian, Criminal Sessions Case No. 61 of 2008, supra, page 47.
Ibid, pages 2, 10, 13, 38-39, 64 and 94.
42 Ibid, pages 47-48.
43 Ibid, pages 45-51.
40
41
30