GEORGE OYENGO BARASA V. REPUBLIC

RULING OF THE COURT

1. The applicant was upon trial for the offence of robbery with violence contrary to Section 296(2) of the Penal Code convicted and sentenced to death. Upon the dismissal of his appeal by the High Court, he preferred a second appeal to this Court which was, on 26^th September 2013, also dismissed

2. Undaunted, this applicant has returned to this Court, this time round, with an application under Articles 48, 51, 159 and 259 of the Constitution; Sections 3A and 3B of the Appellate Jurisdiction Act; and Rules 29 and 35 of the Court of Appeal Rules requiring this Court to "recall, rescind, set aside, cancel and/or review its said judgment dated 26^th September, 2013."

3. At the hearing of the application before us, Mr. Mochere, learned counsel for the applicant, basing his submissions upon the grounds set out on the face of the application and the averments in the applicant's affidavit sworn on 5^th March 2015 in support of the application, argued that the applicant was conv…