JUDGMENT OF THE COURT
Section 23 (3) of the Interpretation and General Provisions Act, Chapter 2 of the Laws of Kenya, provides as follows: -
“Where a written law repeals in whole or in part another written law, then, unless a contrary intention appears, the repeal shall not: -
(a) ................
(b) ...............
(c) ................
(d) .............
(e) affect an investigation, legal proceeding or remedy in respect of a right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing written law had not been made.”
The appellant, Peterson Maina Wanjiku, was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code and the particulars were that during the night of 23rd and 24th January, 2006, the appellant murdered Luke Mwangi Karega.
The trial …