ZAPHANIA OKWOYO GESURE V. REPUBLIC

JUDGMENT OF THE COURT

On the 25^th July, 2005, Zaphania Okwoyo Gesure, the appellant herein, appeared before the late Kaburu Bauni, J charged 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 10^th May, 2005 at Bosinange sub-location in Gucha District within Nyanza Province, the appellant murdered Clemensia Nyaboke. When the charge was read to the appellant who was represented by Mr. Marube, Advocate, he pleaded not guilty and the hearing was set for 7^th December, 2005 and dragged on thereafter until 24^th May, 2007 when the appellant appeared before Gacheche, J. According to the Judge’s notes for that day, the charge was read over and explained to the accused person in Kegusii, a language which he confirms that he understands well, to which he responded:- “It is true” The Judge took this to be a plea of guilty and Mr. Chirchir, the prosecuting counsel, gave the facts of the case to the court. The …