RULING OF THE COURT
Background:
1. Before us is a notice of motion filed on 28th March, 2018. It is expressed to be brought under Rule 29 (1) (b) and (c) of the Court of Appeal Rules (the Court Rules). The State (the applicant herein) seeks to adduce evidence in respect of the pending appeal which was filed by Janet Nasimiyu, Christine Muricho and Phylis Matingi Muricho (the respondents).
2. A brief background to the application is that the respondents were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on 18th April, 2012, at Bukirimu village in Bumula District of Bungoma County, they murdered Simon Kundu Muricho (the deceased).
3. The High Court (Ali-Aroni, J) heard the prosecution evidence and the respondents’ defences and in a judgment delivered on 15th May, 2012 found the respondents guilty as charged and sentenced them to death as by law prescribed.
4. Aggrieved by that decision, the resp…