JUDGMENT OF THE COURT
The appellant, HENRY KATAP KIPKEU, was tried by the High Court at Eldoret (Ibrahim, J.) with the aid of assessors (as the law then provided) on information which charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the information were that on the 27th day of February, 1999 at Kipkaren Estate in Eldoret Municipality of Uasin Gishu District of the Rift Valley Province the appellant murdered JOHN CHERUIYOT SUTER “the deceased”. The learned Judge and the assessors heard evidence from a total of eight witnesses called by the prosecution. After the close of the prosecution case and before the appellant had been called upon to defend himself, the learned Judge discharged the assessors on 6th March, 2008 by recording the following order:-
“I do hereby discharge the Assessors in the light of the amended law. We shall proceed without assessors.”
After the foregoing order, the appellant proceeded to defend hi…