ROBERT TOM MARTINS KIBISU V. REPUBLIC

RULING OF THE COURT

I. BACKGROUND

[1] On 25^th November, 2014, this Court delivered a Judgment in Petition No. 3 of 2014: Tom Martins Kibisu v. Republic, [2014] eKLR. The applicant herein, (petitioner in that case) had appealed against the Judgment of the Court of Appeal at Nairobi delivered on 7^th February, 2014 upholding the Judgment and Decree of the High Court (Mumbi Ngugi, J) dated 16^th March, 2012.

[2] In the appeal before this Court, the applicant had sought the following orders inter alia:

(a) A declaration that the court martial that tried and imprisoned him for one year (reduced to 102 days by the High Court), had no jurisdiction to try him, and so the penalty was illegal, null and void;

(b) A declaration that his rights guaranteed under Article 25 (a) and (c) of the Constitution of Kenya, 2010 not to be subjected to torture or to inhuman or degrading treatment or punishment, or denied a fair trial, were breached, in the court martial process;

(c) A declaration that Section 115(3) …