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Charles Muthee Kariuki v. Republic

(2006) JELR 105392 (CA)

Court of Appeal  •  Criminal Appeal 108 of 2002  •  29 Sep 2006  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji



Charles Muthee Kariuki, the appellant herein, was charged before the superior court with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge/information stated as follows:-


On the night of 9th-10th June, 1998, at Gatimu Village, Nyandarua District of Central Province murdered DAVID NJOROGE KARANJA.”

The appellant pleaded “Not Guilty” to the charge and his trial commenced on 26th October, 2000 before the superior court (Rimita, J.). The learned Judge conducted the trial with the aid of three assessors but in the course of the trial one assessor failed to turn up so that the trial proceeded with the aid of the remaining two assessors. This must have been pursuant to the provision of section 298(1) of the Criminal Procedure Code which provides:

“If, in the course of a trial with the aid of assessors, at any time before the finding, an assessor is from any sufficient cause prevente…

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