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Pamela Karimi v. Republic

(2011) JELR 94620 (CA)

Court of Appeal  •  Criminal Appeal 118 of 2008  •  1 Dec 2011  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

In her judgment dated 18th January, 2009 and erroneously titled “Judgment of the Court” , instead of simply “Judgment”, the learned Judge (Sitati, J) states, at the beginning of her judgment, as follows: -

“1. The enactment and operationalisation of the STATUTE LAW (Miscellaneous Amendments) ACT 2007 abolished the role of assessors in murder trials with effect from 15.10.2007.

2. As a result thereof, I have decided that there will be no summing up in this case hence this judgment. I believe that the decision I have taken will not prejudice the accused in any way. The assessors who have sat with me during the trial are forthwith discharged. They are however entitled to payment of attendance allowances incurred todate.” The learned Judge clearly erred in discharging the assessors, half way through the trial, and in concluding that such a decision would not prejudice the appellant. Section 23 (3) of the Interpretation and General Provisions Act, Cap 2 of the Laws of Ke…

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