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Dickson Mwaniki M'obici & Evans Ndungu Kuria v. Republic

(2006) JELR 105332 (CA)

Court of Appeal  •  Criminal Appeal 78 of 2006  •  13 Oct 2006  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno



This is a first and last appeal by the two appellants herein against their conviction by the superior court (Rawal, J.) for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Upon their conviction they were sentenced to death as by law provided. Although both appellants raise no less than 23 grounds of appeal between them, the central issue relates to criminal trials with the assistance of Assessors.

Sections 262 and 263 of the Criminal Procedure Code provide in mandatory tone that all trials before the High Court shall be with the help and aid of three assessors, unless under Section 298, an assessor is prevented from attending throughout the trial or absents himself and it is not practicable immediately to enforce his attendance. In such case the trial may proceed with the remaining two assessors. The system has however, lately received considerable criticism and may well be reviewed by Parliament in a Bill pending before it…

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