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Julius Kamau Mbugua v. Republic

(2010) JELR 105423 (CA)

Court of Appeal  •  Criminal Appeal 50 of 2008  •  8 Oct 2010  •  Kenya

Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, Erastus Mwaniki Githinji




On 8th February, 2006, the appellant was taken before the High Court, Nairobi and arraigned on an Information dated 13th January, 2005 charging him with murder contrary to Section 203 as read with Section 204 of the Penal Code. He was alleged to have murdered Milcah Wanjiru Wamanji who was his wife on 19th September, 2005 at Gatunyu village, Thika District. The appellant who was represented by a counsel pleaded not guilty to the charge. Although the trial was at first scheduled for 17th and 18th May, 2006, it did not for various reasons commence until 12th October, 2006. On that date, the trial commenced with the aid of assessors but it was adjourned from time to time for various reasons. Before the prosecution case was completed, the Criminal Procedure Code (CPC) was amended by Act No. 7 of 2006 with effect from 15th October, 2007 and the requirement that trials in the High Court should be held with the aid of assessors repealed.

The trial nevertheles…

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