On 18th June, 2011, this Court dismissed the applicant’s Criminal Appeal No. 462 of 2007. Two months following the dismissal of his appeal, the Appellant lodged a Notice of Motion under rules 48 and 65 of the Court of Appeal Rules, 2009 asking the court to revise its earlier decision and acquit. The Respondent/Republic opposed the application describing the grounds which the applicant set forth in in his Notice of Motion to be devoid of any legal basis.
When the case came up for the hearing, the Court, suo motu, first wanted to satisfy itself whether it had jurisdiction to revise its own decision which it made in the exercise of its appellate jurisdiction.