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David Kiprop Chebon & Alexander Rotich v. Republic

(1995) JELR 104944 (CA)

Court of Appeal  •  Criminal Appeal 53 & 82 of 1994  •  29 Sep 1995  •  Kenya

Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi



It is worth repeating that the law requires that all criminal trials before the High Court shall be with the aid of assessors and that the number of such assessors shall be three who if any such trial is adjourned are required to attend at the adjourned sitting, and at any subsequent sitting until the conclusion of the trial. However, if in the course of such a trial, at any time before the finding, an assessor is from sufficient cause prevented from attending throughout the trial, or absents himself, and it is not practicable immediately to enforce his attendance, the trial shall proceed with the aid of the remaining two assessors. When in such a trial the case on both sides is closed, the trial judge may sum up the evidence for the prosecution and the defence, and shall then require each of the assessors to state his opinion orally, and shall record that opinion. See sections 262, 263, 298(1), 299 and 322(1) of the Criminal Procedure Code, Chapter 75 of the Laws…

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