“Again, I hold that the respondents have failed woefully in tilting the scale of evidential weight in their favour,” Ms Abdulmalik said.
“There was no denial of fair hearing as opportunity was given to the appellant to defend himself by the lower court.
“In my opinion, this application is a ruse. It is an attempt to belittle the essence of criminal conviction and to aid the applicant (Maina) to live above the law.”
Mr Maina claimed the failure to seek medical treatment for his ailment led to his incapacitation and health deterioration.
Most of the judges did not sit due to the unfortunate event to honour their departed colleague.
