DAVID MULWA MALAMU V. JOHN WAWERU GAKURU & PETER MURAGE KAMANJA

RULING OF THE COURT

Before us is a Notice of Motion dated 25th February 2020, premised on sections 3A and 3B of the Appellate Jurisdiction Act, Cap 9 of Laws of Kenya as well as rules 29 (1) and 42 of the Court of Appeal Rules 2010.

The motion seeks prayers as follows:

1. That this Honourable Court be pleased to take additional evidence taking the form of:

a. The proceedings, exhibits, and judgment in Chief Magistrate’s Court at Nanyuki, Criminal Case No. 611 of 2014; Republic v. David Mulwa Malamu and Samuel Muiruri Kariuki.

b. The Petition of Appeal, proceedings, and order made on 24th July, 2018 in High Court of Kenya at Nanyuki Appeal No. 119 of 2017; Republic v. David Mulwa Malamu and Samuel Muiruri Kariuki;

2. That if prayer (1) above is granted, the said documents mentioned in 1(b) annexed to the affidavit of the appellant herein, b deemed to be the supplementary record of appeal.

3. That the costs of this application do abide the outcome of the appeal.

The motion is supported by groun…