JUDGMENT OF THE COURT
The discretion of a judge of the superior court in arranging his list or in fixing the time for trying cases before him should never be interfered with unless that discretion is exercised so as to result in a denial of justice: for the whole duty of every court is to do justice between the contesting parties - see Maxwell v. Keun and Others, [1928] 1 K. B. 645.
At the hearing of this appeal on 25th September, 1995, Mr. Onyango-Oriri for the respondent stated that he did not support the appellant's conviction for the offence of murder contrary to section 204 of the Penal Code in the absence of the medical evidence as to the deceased's cause of death.
The appellant had been charged with the murder of Murosawa Ole Ntukoiwan (hereinafter referred to as the deceased) in the High Court of Kenya at Nakuru. The two who are Maasai tribesmen were brothers-in-law as the appellant had married the deceased's sister.
From the record of the proceedings in the superior court, when t…