PETER KIENDE MWAURA V. REPUBLIC

RULING

The delay involved in this application to extend time within which to file a memorandum of appeal, as applied for in the Notice of Motion filed on 7.5.99, is some three years. But for the reasons which appeal hereunder, I would have had no limitation in dismissing the application.

The applicant was convicted by the Senior Resident Magistrate of robbery with violence and sentenced to death. His appeal to the High Court, was dismissed by Ang'awa, J., on 22.2.95. It is the judgment of Ang'awa, J., which she has designated as a "Ruling", which has given me some disquiet The main issue in the appeal, being whether the version of events by the prosecution witnesses identified by the learned judge as "P.W.2 and P.W.5", proved the guilt of the applicant beyond all reasonable doubt, requires the learned judge to make a fair and comprehensive finding on the issue. Her rather casual and confusing consideration of this issue in my view, leaves a lot to be desired, particularly when the appli…