Rex v Luzala (Cr.A. 158-33.)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal held that a trial judge's one-word written judgment followed by reasons written a month later did not comply with sections 163 and 164 of the Criminal Procedure Code. However, the application for leave to appeal was dismissed because the evidence was such that murder was the only reasonable finding. The Court stated that judges should write and deliver reasons at the time of judgment and should note points put to assessors in summing up.
Outcome
Application dismissed; murder conviction stands
Facts
The appellant was convicted of murder by the Supreme Court of Kenya. At the conclusion of trial, the trial judge took the assessors' opinion and wrote only the word 'Judgment: Murder'. One month later, the judge wrote his reasons for the judgment. The appellant sought leave to appeal against the refusal of a certificate under section 364(b) of the Criminal Procedure Code, arguing that the judgment did not comply with statutory requirements for written reasons.
Issues
- Whether the trial judge's written judgment complied with sections 163 and 164 of the Criminal Procedure Code.
- Whether the evidence was of such a nature that the murder conviction was the only reasonable finding.
Orders
- Application for leave to appeal dismissed.
Rules and key headnotes
Legislation cited (3)
- Criminal Procedure Code s.163
- Criminal Procedure Code s.164
- Criminal Procedure Code s.364(b)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.