\..UII:>L. MfJfJ II l.. dLI U I I J~U - LLL If/ I .l:J ~ Const. Application No. CCZ 50/15 ...... --111··-·.. subjected to lawful humane prison ~=i.ons w~lle<:twaiting execution or reprieye from death ~-....._... .. . row . That court can also effectively deal with the question of delay on review. 2. Appeal All convicts sentenced to death have an automatic right of appeal to the Supreme Court. As I have already stated some of the applicants' cases are yet to be determined by the Supreme Court on appeal. These applicants stand a very good chance of getting the relief they are seeking in the Supreme Court on the merits without setting foot in this court. It is, therefore, inappropriate and improper that they should be resentenced by the High Court which is now functus officio when the relief they seek is available in the Supreme Court. The Supreme Court has the competence and discretion of determining the appropriate sentence in view of the undisputed submission that the State has no capacity to employ a hangman. 3. Presidential pardon The Constitution confers on the President the authority and power to grant free pardon or commutation of death sentences to convicted prisoners. On the other hand, s 48 (2) (e) of the Constitution confers an unfettered right on the applicants to seek free presidential pardon or commutation of their respective death sentences. The President in discharging his function may take into account the non-availability of the executioner and the harsh prison conditions complained of. Thus those who have already lost the battle to evade the hangman's noose on appeal still have recourse to presidential prerogative of mercy. It is an immutable principle of our law that no one may be executed without due process. What this means is that all the applicants are not in danger of extra judicial execution I [', ', Zfr,.-; ~;·. .. L\;j; ,3 >r f ! I I - _J _•• .