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JACKSON KAIRIAMA
V.
REPUBLIC

(2013) JELR 101237 (CA)

Court of Appeal 28 Nov 2013 Kenya
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Case Details

Suit Number:Criminal Appeal 19 of 2013
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek
Location:Nyeri
Other Citations:Jackson Kairiama v. Republic [2013] eKLR

JUDGMENT OF THE COURT

The appellant, Jackson Kairiama, was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The Information is that on the 22nd day of November, 2003 at Mbayo village in Nathu location in Meru North District within Eastern Province, he murdered Silas Kanuu. The appellant was first arraigned before court on 20th May, 2004 and he was tried, convicted and sentenced to death by the High Court (Lessit. J). He has lodged this first appeal to this Court.

By a supplementary memorandum of appeal dated 17th October, 2013, the appellant raises ten (10) grounds to wit:

The learned Judge erred on a point of law in failing to select the assessors at the commencement of the case and in failing to indicate on the court’s record the names of the assessors and their age hence rendering the trial a nullity.

The learned Judge erred on a point of law and fact in shifting the burden of proof to the appellant.

The learned Judge erred on a point of law in his…

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