RULING OF THE COURT
The appellant herein was on 29th June, 2004 convicted by Kericho Senior Resident Magistrate for the offence of rape and was sentenced to serve life imprisonment. His appeal to the High Court against both conviction and sentence was dismissed on 25th July, 2006 and he proceeded to mount a further appeal before this Court which is still pending.
In the meantime the appellant has sought by notice of motion dated 22nd February, 2011, leave to adduce additional evidence before the appeal is heard. The only additional evidence he seeks to adduce is a birth certificate to confirm that he was born on 8th October, 1988. The application is predicated on Article 159 (d) (sic) of the Constitution, section 3A of the Appellate Jurisdiction Act and Rule 29 of the Court of Appeal Rules. Section 3A of the Appellate Jurisdiction Act is, of course, irrelevant as it applies to civil litigation while Article 159 (2) (d) of the Constitution enjoins courts to be guided by the principle tha…