oofi?B
VI
that they were convicted on the basis of contradictory evidence;
vii. that they were not tried in accordance with the principle of fair trial with
respect to their application for review of the judgment of the Court of Appeal
in respect of the fact that the same judge conducted both the preliminary
hearing and trial, and the fact that a single police officer conducted the
preliminary investigations;
viii. that they were convicted without their defence alibi being carefully reviewed
beyond reasonable doubt, infringing Section 110 of the Evidence Act;
ix. that they were convicted in violation of Section 235(1) of the Criminal
Procedure Act; and
x.
that they were sentenced to death in violation of their rights to life and
dignity under the Charter.
III.
SUMMARY OF PROCEDURE BEFORE THE COURT
7.
The Application was received at the Registry of the Court on 26 March 2015
8.
As instructed by the Court, the Registry requested for the services of Advocate
William Kivuyo Ernest who agreed to represent the Applicants on a pro bono
basis.
9.
On 18 March 2016, the Court issued an Order for Provisional Measures in the
matter enjoining the Respondent State not to implement the death sentence
until this Application is concluded on the merit.
10.
The Parties filed their pleadings within the time stipulated
ll.Pleadings were closed with respectto the merits of the case on 24 January
2018
4