TIMOTHY IRUNGU NDEGWA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant in the appeal, the subject matter of this judgment, is Timothy Irungu Ndegwa. We shall hereinafter refer to him simply as the appellant. On 14^th November, 1996, the appellant appeared in the High Court of Kenya on an Information that charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the Information were that on the night of 13^th/14^th November, 1995 at Kahawa Sukari Estate in Thika District of the Central Province, jointly with others not before the Court, the appellant and those others murdered GEOFFREY BAARIU LURUTI, hereinafter “the Deceased.” The appellant pleaded not guilty to that charge and between 17^th March, 1998 and 20^th November, 2001, the appellant was tried on the charge by Oguk, J, as he then was, sitting with the aid of three assessors.

The trial of the appellant ended when the learned Judge summed up the case to the assessors on the 20^th November, 2001 and in the af…