JUDGMENT OF THE COURT
Following his committal to the High Court by the Chief Magistrate’s Court at Kisumu, for trial for the offence of murder contrary to section 203 as read with section 204 of the Penal Code, P.O, the appellant, was on 17th November, 1992, arraigned before Khamoni, J., for that offence. Upon pleading not guilty to the charge, the appellant was later tried with the aid of assessors. As the law stood then, three persons were chosen to serve as assessors. After four witnesses had testified, the Court made a note on the record as follows:-
“Court:-
The trial will continue with the two present assessors. Notice to show came to issue to Mr. Ogeno to show cause on 18th February, 1993.”
Mr. Ogeno or Ogendo was one of the three assessors. There is no note on record whether he ever appeared to show cause. It is not clear what he had done which made it necessary for the Court to order that he appears to show cause. We opine that he had failed to attend court for the further heari…