RULING OF THE COURT
This is an application under sections 3A and 3B of the Appellate Jurisdiction Act, Rule 4 of the Court of Appeal Rules and under the inherent power of the court for two orders. Firstly, that time for making the present application be extended, and secondly, that the Court be pleased to take additional evidence or direct additional evidence to be taken limited to the determination as to whether or not the appellant had bow-legs at the time the offence was committed. The application is supported by the grounds on the body of the application and in the applicant’s affidavit.
The appellant was convicted by the Senior Resident Magistrate at Kibera of three counts of robbery with violence contrary to section 296(2) of the Penal Code and one alternative count of indecent assault on a female contrary to section 144 of the Penal Code. He was sentenced to death on the first count and the sentences on the three other counts were ordered to remain in abeyance. His appeal to the …