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Peter Wahiga Kabiru,Simon Baabu Mwangi & Zachary Sinda Kerosia v. Republic

(2017) JELR 95075 (CA)

Court of Appeal  •  Criminal Appeal (Application) 103,106 & 108 of 2014  •  5 Apr 2017  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Festus Azangalala



1. The hearing of the main appeal herein has been held in abeyance pending the hearing and determination of a notice of motion dated 7th January 2016. It is premised under Rules 29, 31 42 and 43 of the Court of Appeal Rules 2010, but the focus is on Rule 29. Rule 31 relates to the general powers of the Court to deal with main appeals while Rules 42 and 43 prescribe the procedure for making applications.

2. The applicant is the 1st appellant in the consolidated appeals, Peter Wahiga Kabiru, and he seeks the following orders:-

“1. That the material sought to be introduced be characterized as relevant exculpatory evidence.

“2. That the attached affidavit of Mr. Josephat Mithanga Kagunda be admitted into evidence.

3. That the attached documents being:

a) Defence/exhibit 2, a clear copy of Josephat Mithanga Kagunda's identification card.

b) Defence/exhibit 3, a copy of his (sic) Josephat Mithanga Kagunda's driver's license.

c) Lease agreement between Applicant's Company Jungle …

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