The Court of Appeal has ordered the re-trial of a man...

The Court of Appeal has ordered the re-trial of a man who has been languishing in prison for the last six years awaiting to be hanged.Court of Appeal judges also quashed the conviction of Robert Fanali Akhuya and set aside a death sentence.Akhuya was sentenced to hang by the Kakamega Chief Magistrate's court which found him guilty of attempted robbery with violence.Justices R O Kwach, P K Tunoi and S E Bosire said the appellant had raised important issues.They said due to the nature of the issues raised, they were made to agonise over them at great length.The judges, in a ruling read by Kwach, faulted the trial court for not acting in accordance with the law.They said final submissions were supposed to be orally made at the close of a hearing.They said that written submissions, as it happened in the case of the appellant, denied him the fundamental rights of being heard.