JUDGMENT
Nyarangi JA In the latter part of 1984 a panel of elders heard and resolved an issue referred to them under section 9A(1) and (2) of the Magistrate’s Jurisdiction (Amendment) Act, 1981 (The Act) relating to land the subject matter of this appeal. The written record of the decision of the panel of elders contains details of the members of the panel, the land about which there was a dispute, the issues raised and the unanimous decision of the elders. Each member of the panel signed the record. The decision of the panel is as follows:
1. The panel of elders unanimously reached at a decision that the plot is number 162 and not 181 because the serial number shows it hence the plots belongs to Njeri Gacheru.
2. The panel was impressed by the evidence given by defence witness II that is Elic Joh Mbure who truthfully gave the detail of how he assisted the defendant to ballot and how he asked for assistant to get plot at Njoro instead of Mau Narok plot number 1081.
3. The ballot produced …