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…Nyakundi John Bwire advocate for the applicant Chepkwony advocate for the respondent RULING The application in a notice of motion filed in Court on 30.10.2020 expressed in terms of Section 1A, 1B, 3A, 63, 79(G) of the Civil…

…NYAKUNDI JUDGE NB: This Ruling has been dispatched electronically to the respective emails of the advocates in the matter.…

…Gatimu, who is the appellant's Advocate on record, did not attend Court to argue the appeal on his behalf.…

…Instead, he sent Mr Momanyi, a junior Advocate, to say he was indisposed and to apply for an adjournment, which in the event was refused.…

…This notwithstanding, from the first date of the appellant’s appearance in the superior court on 14th October, 2003, he was represented by an advocate called Mose who raised no issue of constitutional breaches which he must…

…He did not agree that the provisions complained of were not complied with and added that even an alibi warning was given as a result of which he received copies of 3 letters from advocates representing some of the accused…

…You may do so now, or you or your advocate may supply this information in writing to this Court and to the prosecution within the next 14 days.…