JUDGMENT OF THE COURT
This case has an unfortunate and chequered history. On two occasions the trial proceeded for sometime and it had to start de novo, but without any fault on the part of either the prosecution or defence. The respective Judges who commenced the trial of the case were transferred and in exercise of their statutory rights the parties requested the court to start the trial de novo. As a result of this the trial was not concluded until after the expiry of well over eight years. The charges were murder contrary to section 203 as read with section 204 of the Penal Code. Particulars of the first count were: -
“Changawa Kalama Ndoro on the night of 16th and 17th September, 1997 at Ramada Village in Adu Location within Malindi District of the Coast Province, jointly with others not before the court murdered Mae Kadenge Ngowa.”
There were two other similar counts but with Shaka Nzaro Kututu, and Zena Masha Mwangundu as the victims.
The trial was with the aid of assessors. The pr…