PAUL MBOYA AJEWE, NICHOLAS OKOTH OYOMBA & DENNIS OTIENO OYOMBA V. REPUBLIC

JUDGMENT OF THE COURT

Both Mr. Nyangiri, learned counsel for the appellants and Miss Ngovi, the learned Prosecution Counsel agree, correctly, that our determination of whether or not there was compliance with the requirements of Section 200 (3) of the Criminal Procedure Code when the succeeding Magistrate took over the trial of the case midway is determinative of the appeal without going into the merits of it.

The appellants alongside another were charged, tried, convicted and sentenced to death on two counts of robbery with violence contrary to Section 296 (2) of the Penal Code. They faced other counts but were acquitted on them. Their first appeals to the High Court at Kericho G.B.M Kariuki and D. K. Maraga JJ. (as they then were), were all dismissed save that of their co-accused one SAMUEL MUIRURI NGURE who was acquitted and set at liberty.

From the record before us, it is apparent that the appellants' trial at the subordinate court was heard by a succession of learned Magistrates who…