JACKSON WANYOIKE NJUGUNA & JOSEPH MAINA NJOROGE V. REPUBLIC

RULING OF THE COURT

The appellants JACKSON WANYOIKE NJUGUNA and JOSEPH MAINA (hereinafter the 1^st and 2^nd applicants) filed a Notice of motion under Section 3A and 3B of the Appellate Jurisdiction Act as well as Rule 29 of the Court of Appeal Rules.

The motion was supported by the affidavit of Ibrahim Onyata the then counsel for the applicants sworn on 27^th July, 2015. Mr. Onyata deponed that the applicants had requested the trial court to avail Occurrence Book entries of 25.06.2007 and 26.062007; that the appellants were not supplied with witness statements and that the further evidence sought by the applicants was crucial to their case.

Apart from an order for the production of the Occurrence Book of 25.06.2007 and 26.06.2007 as well as the witness statements, in the motion there was a further prayer that the initial report made by the complainant and as entered in the Occurrence Book be availed to the applicants.

The motion came before us on 19.10.2016 and Mr. Swaka, learned counsel wh…