This document discusses the requirements and contents of a judgment in a criminal case. It notes that a judgment is the final decision of a court regarding a defendant's guilt or innocence. A judgment must be written, dated, signed, and in the language of the court. It should include a statement of the offense charged, a summary of the prosecution and defense cases, the points for determination, and the judge's decision and reasons. The document also outlines situations where a defendant can be convicted of offenses other than those originally charged.

2. JUDGMENT
 Final decision of a court as pertains to the guilt or
otherwise of the accused person..
 Not invalidated by absence of a party
 If accused is in custody must be brought b4 court if
not,he is required by court to attend
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3. FORMAL VALIDITY REQUIREMENTS
 Be written under the direction of the presiding officer of
the court
 Be in the language of the court
 Contain the points for determination thus decision
thereon and reasons for decision
 Be dated
 Signed .
Republic v Gikunju..
Republic v Lute S/o Luzala..
Lok Wacharia v Republic..
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4. .. CONTENTS OF A JUDGMENT
 A precise statement of the offence charged..
 Contain summary of evidence of the prosecution in
narrative form
 Summary of the defense case..( contested and
uncontested elements) Okale v Republic..
 Contain points for determination..
 Judges decision and reasons
 Separate paragraph necessary if there are some
unusual features of evidence procedure or criminal
law that may arise during course of trial
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5.  Concluding paragraph should be a single
sentence..
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6. CONVICTION FOR OFFENCES OTHER THAN
THOSE CHARGED
 Instances when it is permissible, necessary even for the
courts to convict an accused person for offenses other
than those charged ..
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7. 179-190 CPC
I. The person is charged with a offense consisting of several
particulars a combination of some only of which constitutes
a complete minor offence & that combination is proved but
not the remaining particulars- Robbery with violence –theft
II. Person is charged with an offense and facts are proved
which reduce it to a minor offense
III. Person charged with an offense may be convicted of having
attempted to commit an offense
IV. When a woman is charged with the murder of her child who
is younger than 12 months and court finds her not guilty
she may not have fully recovered form post partum and
lactative disturbance she may be convicted of infanticide
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8. 8
 When one is charged with murder/manslaughter of a
child/ infanticide or offense relating to the procuring of an
abortion and is not guilty he may be convicted of killing
an unborn child
 Person is charged with killing an unborn child & he is not
guilty of that offence may be convicted of the offense
relating to the procuring of an abortion
 Person is charged of murder/infanticide/killing an unborn
child and not guilty and it appears in evidence that the
child had recently been born and person endeavored to
conceal birth, he may be convicted with endeavoring to
conceal birth

9.  Person is charged with manslaughter from
driving but he is not guilty of that offense he
may be convicted of causing death by
dangerous driving(46 Traffic Act)
 Person is charged with an offense related to the
administration of unlawful oaths to commit
other offenses but not guilty of that offence but
guilty of another offense under the same
paragraph may be convicted of that different
offense
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10.  When one is charged with rape & the court is of the opinion
that he is not guilty of that but of another offense under the
sexual offenses Act, he may be convicted of that offense
 Person s charged with defilemet of a 14yr old or under and
he is not guilty but of another offenses under the S.O.A Act
he may be convicted of that other offense
 Person is charged with burglary/ housebreaking & similar
offences and isnt guilty of that but of a different related
offense he may be charged..
 Person is charged with stealing anything and Having or
conveying stolen property, having obtained by false
pretences with intent to defraud he may be convicted of
obtaining by false pretences
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11. • When one is charged with falsely obtaining
property with intent to defraud and it is proved
that he stole the same he may be convicted of
stealing.
• When one is charged of stock theft and court is
of opinion that he is not guilty of that offense
but guilty of Possesion of stock he may be
convicted
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