JUDGMENT
A. INTRODUCTION
[1] Before us a Petition of Appeal dated and filed on 21st July, 2017, pursuant to Article 163(4)(a) of the Constitution. The Appellant is challenging the entire judgment and Orders of the Court of Appeal (Waki, Nambuye and Kiage, JJA) at Nyeri in Criminal Appeal No. 78 of 2014 delivered on 7th June, 2017.
[2] The Appellant’s case is premised on five (5) grounds particularly, that the Court of Appeal erred and misdirected itself by; holding that the Appellant did not demonstrate that he was willing but unable to obtain legal representation despite the fact that the Appellant was never informed of his Constitutional right to legal representation; holding that the State was not under any obligation to provide free legal counsel at the time the Appellant’s trial commenced despite the substantial injustice arising from the fact that the Appellant was charged with an offence whose penalty is death; upholding the judgments of the High Court and the Magistrate’s Court; …