PAUL MWANGI MURUNGA V. REPUBLIC

JUDGMENT OF THE COURT

PAUL MWANGI MURUNGA, “the appellant” hereinafter, appeals to this Court from the judgment of the High Court (Musinga and Kimaru, JJ) which judgment the two learned Judges chose to head “JUDGMENT OF THE COURT”, probably copying that heading from the judgments of this Court, but without appreciating the reason or reasons why the Court styles its single unanimous judgments as “Judgment of the Court”. Each and every judge of this Court is normally entitled to write his or her own judgment and where all the judges of the Court are agreed on a decision they normally write a single judgment which then becomes the “Judgment of the Court”. In criminal appeals heard by two judges of the High Court we doubt, and we have never come across a situation, where each judge has written his or her own judgment. Indeed, if the two judges disagree on the outcome of such an appeal, there would be no judgment at all and the appeal would have to be reheard afresh before a different bench…