JUDGMENT OF THE COURT
By an Information dated 5th January 2002, the appellant Paul Mutwiri Munene was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code in that on diverse dates between 4th and 8th September 2001 at Kabirichia, Market in Central Meru District of the then Eastern Province, he murdered Jacob Muriuki Munene (Jacob). Jacob was his brother.
The prosecution called four witnesses in a trial before Lenaola J who, after hearing counsel on both sides, ruled on 21st June 2006 that the appellant had a case to answer and called on him to enter upon his defence in accordance with Section 211 of the Criminal Procedure Code. The learned Judge then ordered that the case be mentioned on 26th June 2006 to take dates for defence hearing. A hearing notice was also to issue to Mr. Nyaboga, the appellant’s then advocate, to attend. It would seem that on 26th June 2006 there was no appearance by either side and the learned judge ordered, in ch…