This appeal originates from the decision of the High Court
at Arusha, where, the Appellant was charged and convicted of the offence of
murder contrary to section 196 of the Penal Code [Cap 16 R.E. 2002] and
sentenced to death. Aggrieved by the conviction and sentence, he has appealed
to this Court. Before hearing starts, the Appellant informed the Court that,
the record of appeal is incomplete for lack of summing up notes by the trial
Judge. The issue before the Court is whether or not in the absence of summing
up notes the assessors were properly guided in giving their opinion.