JUDGMENT OF THE COURT
[1] This appeal has had a chequered history and it will perhaps go down in the history of this Court as having taken the longest time to dispose. The memorandum of appeal was filed on 19th March 2004, it has come up for hearing so many times and in more than a dozen times, it was adjourned for one reason or another but principally on the instance of the appellant or his counsel. Before the hearing took place on 15th February 2016, this Bench had to endure a barrage of no less than three applications for adjournment by the appellant and his counsel. It was imperative, and this was restated in the said Rulings that once an appeal is filed under the Rules of this Court, the Court has a duty to hear and determine the appeal unless otherwise withdrawn as per the Rules. Finally the appeal was argued by Mr. Ondieki, learned counsel for the appellant, while Mr. Kivihya, learned Assistant Director of Public Prosecution appeared for the respondent.
[2] Julius Ole Koikai, the…