JUDGMENT OF THE COURT
On 19th October, 2005, the appellant was arraigned in the High Court at Nakuru before Muga Apondi, J. on an Information dated 27th September, 2005 which charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The information alleged that the appellant murdered Laban Maneno Ongera, on the night of 5th and 6th September, 2005.
The appellant pleaded not guilty.
When the trial began before Kimaru, J. on 22nd February, 2006, three assessors were selected namely Mungai Mututa, Gichuki Joseph and Milka Wairimu Kinyanjui apparentlyin accordance with section 297 as read with section 261 of the Criminal Procedure Code which provided that all criminal trials in the High Court should be with the aid of assessors. The prosecution called a total of eight witnesses who testified and were cross-examined by the appellant’s counsel in the presence of the assessors. The prosecution ultimately closed its case on 30th May, 2007 whereupon the trial Jud…