CHARLES MURAGURI WACHIRA vs REPUBLIC [2000] KECA 160 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI CORAM: KWACH, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NAI 17 OF 2000 (NYR 13/2000) BETWEEN

CHARLES MURAGURI WACHIRA .............................. APPLICANT AND REPUBLIC .............................................. RESPONDENT

(Appeal for extension of time to file an appeal from a judgment of the High Court of Kenya at Nyeri (Juma J) dated 26th July, 1999 in H.C.CR.A. NO. 293 OF 1996) ***************** R U L I N G

This is an application for extension of time to file an appeal. The applicant was convicted of simple robbery and sent to prison for 7 years. He appealed to the superior court against conviction and sentence but his appeal was dismissed by Juma J on 26. 7.99. His advocate was present when judgment was delivered.

The present application was not filed until 27. 6.2000, almost one year later. The reason given by the applicant for this delay is that his family has been trying to find money to pay for his appeal. Filing a notice of appeal in a criminal matter costs only Shs. 200/-. The delay is inordinate and inexcusable. In the result, the application fails and is dismissed.

Dated and delivered at Nyeri this 23rd day of October, 2000. R. O. KWACH ................ JUDGE OF APPEAL

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