The High Court in Nakuru on Friday set aside the conviction of a youth sentenced to 20 years in jail for defiling a minor.
Robert Makori's sentence was uplifted after a successful appeal by his lawyer who argued his trail at the lower court was conducted without a lawyer being assigned to him.
Makori was sentenced in 2013 after he pleaded guilty to defiling a minor within Nakuru County.
His lawyer said Makori was a minor during the time taking plea and he did not know the consequences of the act.
Lady Justice Maureen Odero said the procedures used were in order but said the lower court did not handle the matter with greater care.
She said that the lower court did not inform Makori of the consequences of pleading guilty to the charge because he did not have a lawyer to represent him by then.
She also confirmed that the age assessment report conducted on him showed that Makori turned 20 in January 2015 and thus concluded that Makori was a minor when he took the plea.
"The court does not neglect the fact that the complainant in the case is a minor and justice must be served. Therefore, the case will be returned to the magistrate's court for retrial," she said.
She also said that the defence could apply for bail at the lower court.
The case was set for be mention on September 30.