RULING OF THE COURT
1. The appellant filed a Notice of Motion dated 17th April 2015 seeking the following orders:
(i) THAT this Court be pleased to grant the appellant leave to tender new evidence;
(ii) THAT leave be granted to the appellant to tender the said evidence in documentary form;
(iii) THAT leave be granted to allow oral evidence by one Richard K Gikuhi; and
(iv) THAT costs be in the cause.
2. The application was predicated on the grounds that:
(a) the appellant has now established new grounds of appeal;
(b) the new evidence has a crucial bearing on the outcome of the appeal;
(c ) the new evidence was not available to the appellant at the time of the trial;
(d) it is in the interest of justice that this new evidence be admitted and that this Court has the opportunity to examine it in light of the appellant’s grounds of appeal; and
(e) the application is made in good faith and in good time.
3. Supporting the application, Mr. Kairu, learned counsel appearing for the appellant, referred to…