JUDGMENT OF THE COURT
DAVID BENSON KIPKERICH KEMEI CHUMO, the appellant, was according to information dated 15th June, 2004, arraigned before the High Court of Kenya at Kericho with two offences of murder contrary to Section 203 as read with Section 204 of the Penal Code.
It was alleged that on the night of 12th and 13th day of April, 2004, at Kakabur village in Kericho District within the Rift Valley Province, he murdered his wife, Ruth Cherotich Kemei and his son, Alphonce Kipkurui.
The appellant pleaded not guilty, but after a trial, part of which was conducted with the aid of assessors, the learned Judge, (Kimaru J) found him guilty as charged, convicted and sentenced him to death.
The main ground of appeal canvassed before us by the appellant through his learned counsel Mr Magata, relates to the breach of procedure committed by the learned Judge in the trial of the appellant. It is submitted that the learned Judge erred both in law and fact in discharging the assessors midstream in t…