Fredrick Mutua Kinoba v Republic [2017] KEHC 5300 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

MISCELLENIOUS CRIMINAL APPLICATION NO. 29 OF 2017

FREDRICK MUTUA KINOBA..........................................APPLICANT

VERSUS

REPUBLIC.....................................................................RESPONDENT

RULING

I have considered the application and the grounds thereof.  I note that the Applicant had expected his family to find a lawyer and lodge an Appeal on his behalf which never happened.  There has been a delay of about one (1) year.  The application is not opposed by the State.

Taking into consideration the severity of the sentence (life), I hereby allow the application as prayed.

The Petition of Appeal is hereby allowed as filed within time.  Let the same be served upon the Director of Public Prosecutions (DPP) forthwith and a Criminal Appeal file be opened for the Applicant.

This file is closed.

DATED at MERU this 18THday of MAY, 2017.

A. MABEYA

JUDGE

18/05/2017