JACKSON KAIRIAMA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Jackson Kairiama, was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The Information is that on the 22^nd day of November, 2003 at Mbayo village in Nathu location in Meru North District within Eastern Province, he murdered Silas Kanuu. The appellant was first arraigned before court on 20^th May, 2004 and he was tried, convicted and sentenced to death by the High Court (Lessit. J). He has lodged this first appeal to this Court.

By a supplementary memorandum of appeal dated 17^th October, 2013, the appellant raises ten (10) grounds to wit:

The learned Judge erred on a point of law in failing to select the assessors at the commencement of the case and in failing to indicate on the court’s record the names of the assessors and their age hence rendering the trial a nullity.

The learned Judge erred on a point of law and fact in shifting the burden of proof to the appellant.

The learned Judge erred on a point of law in his…