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Cases where the Court sits with assessor.



Primary Court Magistrate sits with assessors in Civil and Criminal cases per section 74(1) of the MCA, 1984.

RM’s & District Courts: 

Where Rules of Customary or Islamic law is in issue or relevant the courts may and when directed by an appropriate judicial authority sits with an assessor or assessors, see section 7(3) of the Magistrate Court Act. RM’s Court sits with assessors when determines cases under the Economic and Organized Crime Control Act, 1984.

High Court. 

High Court sits with assessors in Homicide cases, Economic crime cases, and treason and defamation cases under the News Paper Act, 1976. Section 265 of CPA says that all trials i.e. criminal cases should be with aid of assessors whose member must be two or more as the court think fit.

Commercial Court: 

The court sits with assessors in all cases. 

Industrial Court: 

The court does sit with assessors in all cases. Section 39 of Act no. 2 of 2002 provides that the appeals to High court Land Division be heard by Single Judge sitting with two assessors. See also the High Court Registries (Amendment) Rules, 2001.

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