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…2006 was discriminatory, unconstitutional, and a breach of his fundamental rights; that the High Court sitting as a constitutional court should award him appropriate relief; and that in the interest of justice an order for retrial…

…The appellant sought to have an order for retrial, asserting that it was in the interests of justice to order a retrial where the record of proceedings has been tampered with in an appeal, and fair hearing cannot be achieved…

…In the case of R v Vashanjee Liladhar (1946) 13 EACA 150 the Court of Appeal for Eastern Africa said, and we agree with this statement, that: “An order for a retrial is the proper order to be made when the accused has not…

…We are aware that a retrial should not be ordered unless the appellate court is of the opinion, that on a proper consideration of the admissible, or potentially admissible, evidence a conviction might result: Braganza v R…

…Simpson, CJ, thought that there was a sufficient reason for reviewing the judgment, and he, therefore, granted a review and ordered a retrial.…

…It is argued that a retrial should be ordered.…