RULING OF THE COURT
Criminal Appeal No. 51 of 2004 in which eight appellants namely Elizabeth Gitiri Gachanja, David Karugu Mwangi, Wilson Thirimbi Mwangi, Rose Njoki Muruatetu, Anna Ngonyo, Stephen Kagia alias Blackie, Francis Karioko Muruatetu, and Stephen Wambua Kamau are appealing from the judgment of the High Court of Kenya at Nairobi (Mbogholi Msagha J.) dated 12th March 2003 was scheduled to be heard before us on 28th May 2007. Before that date, and precisely on 8th May 2007, the seventh appellant, through his advocates, Ondieki and Ondieki advocates, filed what they referred to as a preliminary objection. That preliminary objection was couched in the following terms:
“PRELIMINARY OBJECTION
Take notice that at the hearing of this appeal on 28th May 2007, the 7th appellant shall move the Court that the whole trial in this matter was a nullity since there was no judgment as contemplated under section 169 (1) (2) of the Criminal Procedure Code an omission that was prejudicial to the …