RULING OF THE COURT
[1] This is an application for bail pending the hearing of Criminal Appeal No. 77 of 2017.
The application is brought by Phaustine Makhoha who claims to be an attorney of the appellant under a power of Attorney. However, the application is supported by the affidavit of Salim Hamisi alias Wepukhulu, the applicant himself.
[2] The applicant states in the supporting affidavit that he was convicted by the High Court of the offence of Murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death; that he has filed Criminal Appeal No. 77 of 2017; that he suffers from tuberculosis and diabetes; that the appeal has high chances of success and that during his trial he had been released on bail pending trial.
[3] Mr. Mule, the learned counsel for the respondent asked the Court to dismiss the application stating that it is difficult to say that the appeal has overwhelming chances of success in the absence of the record of appeal.
[4] The applicat…