PETER NYAUMA MOGIRE & JOSEPHINE NYABOKE NYAUMA V. REPUBLIC

JUDGMENT OF THE COURT

Both the Principal State Counsel, Ms. Oundo, and learned Counsel for the appellant, Mr. Abungu, agree that this matter should be sent back to the superior court for retrial. We also agree. The circumstances that commend themselves to that order were as follows:-The two appellants were arraigned before the superior court for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged in the Information filed by the Attorney General on 21st July, 2004, that on the 14th day of August, 2002 at Nyangoso Sub location in Nyamira District within Nyanza Province, jointly with others not before Court, they murdered Michael Mogire Nyangabaria. The trial subsequently commenced before the late Bauni J. after plea and selection of three assessors on 24th July, 2006. The evidence of the first witness was then recorded and he was fully cross-examined before the case was adjourned for further hearing.

Unfortunately, when it resumed hear…