EDWARD MAKWA MAISORI, ALFRED MOHERE RIOBA & GEORGE BIKERI NYAKUNDI V. REPUBLIC

JUDGMENT OF THE COURT

Learned State Counsel, Mr. Mugambi, concedes this appeal on the main ground raised by the appellants that there was no compliance with section 200 of the Criminal Procedure Code (section 200), and we think he was right to do so. Section 200, with added emphasis, states as follows: -

“200. (1) Subject to subsection (3), where a magistrate, after having heard and recorded the whole or part of the evidence in a trial, ceases to exercise jurisdiction therein and is succeeded by another magistrate who has and exercises that jurisdiction, the succeeding magistrate may-

(a) deliver a judgment that has been written and signed but not delivered by his predecessor; or

(b) where judgment has not been written and signed by his predecessor, act on the evidence recorded by that predecessor, or resummon the witnesses and recommence the trial. (emphasis added.)

(2) Where a magistrate who has delivered judgment in a case but has not passed sentence, ceases to exercise jurisdiction th…