RULING
1. This Ruling was due for delivery on 26th September 2014 but for several reasons, it was not possible to do so. First was the pressure and priority given to Election petition judgments which had Constitutional deadlines. The attention of the parties was drawn to this possibility for delay. Second, in the month of November 2014, the Hon. The Chief Justice approved my annual leave and my official engagement as President of the Residual Special Court for Sierra Leone, which took me outside the country throughout the month. Barely two days after my return to Kenya on 30th November 2014, my father who had been hospitalized for cancer treatment passed on and the Court President allowed me to concentrate on funeral arrangements until the end of term. The Ruling was prepared during the Christmas vacation and delivered at the first opportunity in the new year.
2. The Motion that falls for my consideration was filed by Ali Mohamed Mwanzia (the applicant) on 25 May 2011. As he was acting …