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…Both appellants were represented at their trial by Mr S K M Mwangi, advocate, and the date of their respective sentences was the March 27, 1984.…

…The reason each appellant gave for the delay in preparing his appeal until July, 1984, (not July, 1983, as the record erroneously states) was that he was waiting to hear from his advocate, meaning Mr S K M Mwangi.…

…The Application is supported by an affidavit sworn by Wilfred Nyamu, an advocate of the High Court of Kenya and seized with the conduct of the matter on behalf of the Petitioner. 3.…

…Nyamu was unavailable and the advocate he had instructed to hold his brief had several matters that had earlier been listed before other Courts, and he had therefore been late to attend to this matter before this Court. 5…

…Their advocate, Mr Chege, put forward submissions in support of the application. There was no time for Mr Agina for the respondents to reply. So the matter was put off to another day.…

…He submitted that the summing up by the Judge Advocate was one sided and concentrated mainly on the prosecution's case.…