JOHANNES AMADI V. REPUBLIC

JUDGMENT OF THE COURT

[1] Johannes Amadi (hereinafter referred to as the appellant), was arraigned before the High Court at Kisumu, jointly with Nicholas Oyombe Agai (co-accused), for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on the night of 20^th and 21^st July, 2004, at Marenyo Sub-location of Siaya District, they murdered John Magambo (deceased). The record is not clear, but it would appear that the appellant’s co-accused died during the cause of the trial.

[2] The trial initially commenced before Mwera J on 22^nd January, 2009 when three witnesses testified. However, the trial had to commence de novo on the 8^th July, 2009, as it was discovered that the appellant and his co-accused had been represented by a person who was not qualified as an advocate. Thereafter, four witnesses testified before Mwera J. On 6^th May 2010 the matter came before J. R. Karanja J, who directed that the proceedings be typed so that the matter …