iv. That all aspects of the prosecution of Criminal Case No. 321 of 1996 were conducted lawfully and the prosecution proved its case against the Applicant beyond reasonable doubt. v. 22. That there has been no delay of justice for the Applicant.” _ | During the public hearing the Respondent reiterated its prayers as Stated in its Response to the Application. Historical and factual background to the Application 23. On offence 31 December of armed Kenya/Tanzania 1996, robbery, border stole one hundred the Applicant was allegedly in Rombo charged committed District. It was along alleged (100) sets of clutch covers valued with the the that he at Tanzania Shillings Eight Hundred Thousand (Tshs. 800,000/=), the property of Mr. Elimani Maleko. He was charged with four other persons before the District Court of Rombo at Mkuu in Criminal Case Number 321 of 1996. The Applicant pleaded not guilty. 24. On 30 January 1997, the Applicant applied for bail on the grounds of ill health and this application was heard on 31 January 1997 and granted on 5 February 1997. On 20 March 1997 when the matter was mentioned, the Applicant was absent and the Magistrate ordered the arrest of the Applicant.and his sureties. On 26 March 1997, when the matter came up for mention and the Court directed the Applicant to show cause why his bail should not be forfeited, he explained that he had been sick. The Court was satisfied with this explanation and, by an order of the same date, extended The prosecution opened its case on 26 March 1997 and closed its Boe —trvw_ EN his bail. 11.