CHAPTER FOUR –– THE BILL OF RIGHTS
Part 2—Rights and fundamental freedoms
50. Fair hearing.
(2) Every accused person has the right to a fair trial, which includes the right—
(m) to have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial ;
PART V – MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS GENERAL
SUBORDINATE COURTS
198. Interpretation of evidence to accused or his advocate
(1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open court in a language which he understands.
(2) If he appears by advocate and the evidence is given in a language other than English and not understood by the advocate, it shall be interpreted to the advocate in English.
(3) When documents are put in for the purpose of formal proof, it shall be in the discretion of the court to interpret as much thereof as appears necessary.
(4) The language of the High Court shall be English, and the language of a subordinate court shall be English or Swahili.
THIRD SCHEDULE
GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR DATED THE 12TH AUGUST, 1949
PART III – CAPTIVITY
SECTION VI – RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES
CHAPTER III – PENAL AND DISCIPLINARY SANCTIONS
III – JUDICIAL PROCEEDINGS
Article 105
IV. Rights and means of defence
The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial.
FOURTH SCHEDULE
GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR DATED THE 12TH AUGUST, 1949
PART III – STATUS AND TREATMENT OF PROTECTED PERSONS
SECTION III – OCCUPIED TERRITORIES
Article 71 – Penal Procedure
I. General observations
No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial.
Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons.
FOURTH SCHEDULE
GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR DATED THE 12TH AUGUST, 1949
PART III – STATUS AND TREATMENT OF PROTECTED PERSONS
SECTION III – OCCUPIED TERRITORIES
Article 72
II. Right of defence
Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in court. They shall have at any time the right to object to the interpreter and to ask for his replacement.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;