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Judgment No. CCZ 3/2017
Const. Application No. CCZ 47/15
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recourse to the available alternative remedies. When the time is ripe, this Court will have its
say.
In view of the finding that none ofthe applicants are due for execution the issue whether delay
in executing them constitutes a breach of their constitutional rights falls away.
Costs normally follow
~he
result but in this case, 1 find it undesirable to load
persons on death row with costs of suit. They had an arguable case albeit, misplaced and
unsustainable at law. One cannot however fault them for fighting for survival with all the
means at their disposal.
It is accordingly ordered that the application be and is hereby dismissed with no
order as to costs.
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I agree
GW AUNZA JCC:
I agree
GARWEJCC:
I agree
GOWORAJCC:
I agree
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