HUSSEIN KHALID AND 16 OTHERS V. ATTORNEY GENERAL, INSPECTOR GENERAL OF POLICE & DIRECTOR OF PUBLIC PROSECUTIONS

RULING OF THE COURT

[1]. The applicants’ Notice of Motion is dated and filed on 1st November 2019. They seek in the main orders for review of this court’s judgment delivered on

18th October 2019 in Petition No. 21 of 2017. It is filed pursuant to Articles 10(2c), 50(1), 159(2), 163(4a and 7) and 259 of the Constitution, Sections 3 and 21 of the Supreme Court Act, 2011, Rules 3 (2), 4, 5 and 20(4) the Supreme Court Rules, 2012. The application is supported by the sworn affidavit of Suyianka Lempaa, counsel for the applicants.

[2]. The grounds are that Petition No. 21 of 2017 was heard on the 10th July 2018. Judgement was reserved for delivery on notice. On 29th March 2019, Hon. Ojwang SCJ, a member of the bench that had heard the appeal was suspended. Directions were taken on 9th May 2019 before Hon. Lenaola SCJ.

[3]. A consent was recorded for the appeal to be heard by a new Bench de novo; parties to adopt their prior submissions with liberty to highlight and file supplementary list of au…