JUDGMENT OF THE COURT
This is an appeal from the ruling of Maraga J dated 20th April, 2005 in which the learned Judge of the superior court dismissed respective applications by the two appellants for leave to apply for orders of certiorari and prohibition relating to Mombasa High Court Criminal Case No. 24 of 2004.
The two appellants were jointly charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code in Mombasa, High Court, Criminal Case No. 24 of 2004. They were alleged to have murdered one Hanifa Uwe on the night of 21st and 22nd March, 2004. The deceased was living with the first appellant Uwe Meixner – a German national who was running business in Mombasa - as his wife while the second appellant was the first appellant’s girlfriend. The two appellants filed separate but similar applications (Misc. Criminal Application No. 222 of 2005 and 223 of 2005 respectively) under Order LIII Rules 1 and 2 of Civil Procudure Rules seeking leave of …