WASHINGSTONE WALIMULU S/O MASA V. REPUBLIC

RULING

September 23, 1987, Nyarangi, Gachuhi and Apaloo JJA delivered the following Ruling.

The question has arisen whether the proceedings the subject matter of the present appeal were a nullity.

The background so far as we can discern from the court record is as follows:

On January 7, 1981, the appellant and another were arraigned of the charge of robbery with violence in three counts contrary to section 296(2) of Penal Code.

Each pleaded not guilty to the charge and the hearing was fixed for 6th 7th and 8th April, 1981.

On January 21, 1981 the appellant and the other were arraigned yet again of the same charge and each once more pleaded not guilty. On that same day however, the learned trial magistrate proceeded to put it on record as follows:

“The first accused refused to have his case heard before this court for the reason that I threatened to hang him. When he appeared before me for mention in the Nakuru court, he started making scenes there.

All I did was to request him to realize that…