KARURA V. REPUBLIC

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: NYARANGI, PLATT and GACHUHI JJA)

CRIMINAL APPEAL NO 170 OF 1984

BETWEEN

KARURA .................................. APPELLANT

AND

REPUBLIC............................ RESPONDENT

JUDGMENT

(Appeal from the High Court at Nairobi, Butler-Sloss J)

January 14, 1988, Nyarangi, Platt and Gachuhi JJA delivered the following Judgment.

The appellant was charged with three others for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The three others were found not guilty and were discharged. The appellant was convicted and sentenced to death. He now appeals to this court against the conviction and sentence.

One of the grounds is that the judge erred in conducting the case without complying with section 262 of the Criminal Procedure Code. The attack was directed to the fact that much of what would be expected on the record was not there. The selection of the assessors and the recording of their presence in any session is not reco…