Abdala Otieno Kitengo v Republic [2002] KECA 171 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT KISUMU CORAM: OMOLO, SHAH & O'KUBASU, JJ.A.CRIMINAL APPLICATION NO. NAI 8 OF 2002 (KSM 8/02)BETWEENABDALA OTIENO KITENGO ................................. APPLICANTANDREPUBLIC ....................................................... RESPONDENT(An application to amend notice of appeal in an appeal from a judgment of the High Court of Kenya at Kisumu (Kuloba J) dated 21st October, 1994 in H.C.CR.A. NO. 305 OF 1993) **************ORDER OF THE COURT The applicant, is, in reality applying to amend his notice of appeal by this application. A notice of appeal cannot be amended. The real complaint the applicant has is that his intended second appeal against the conviction of Handling Stolen Property contrary toSection 322(2) of the Penal Codeis not being seriously pursued by the High Court Registry, which Registry appears not to have the file of that Court. It does appear, now, however, that the file is available. We cannot make any orders on this application and dismiss the same.Made at Kisumu this 18th day of June, 2002. R. S. C. OMOLO

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JUDGE OF APPEAL

A. B. SHAH

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JUDGE OF APPEAL

E. O. O'KUBASU

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I certify that this is a true copy of the original.

DEPUTY REGISTRAR