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…Court-martial) in respect of any offence alleged to have been committed by that person, or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation…

…There is no time limit to the prosecution of serious offences except where a limitation is imposed by statute. There is no such statutory limitation imposed in respect of the four charges.…

…of Re An Application by Gideon Waweru Gathunguri [1962] EA 520 was cited and stress was laid on the principle of law that rules of court could not defeat the clear provision of section 20 which set the absolute period of limitation…

…It is also the petitioner’s case that section 43 of the KCIA is inconsistent with Articles 24(2)(a) of the Constitution hence null and void to the extent that it did not set out the nature and extent of the limitation as…

…Further by dint of the decision to commute the sentence of death to life, he was denied the right on access to court and that limitation was in breach of Article 48 and the fundamental right to a fair and public hearing in…

…section 20(1) (a) and rule 14 (1) the Court was of the view that to reconcile the two one has to modify the application of rule 14 (1) (so as to bring the total time of presentation and service within the 28 day statute limitation…