Fredrick Ntoiti Mutura v Republic [2017] KEHC 3185 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

MISC. CRIMINAL APPLICATION CASE  NO. 39 OF 2017

FREDRICK NTOITI MUTURA .………….………..........APPLICANT

VERSUS

REPUBLIC ……………………….…………….….... RESPONDENT

RULING

1. I have considered the Motion dated 7th September, 2017 and the Supporting Affidavit.The Applicant seeks leave to appeal against the judgment of this Court delivered on 1st October, 2015 to the Court of Appeal.

2. The delay in preferring the appeal is inordinate in that, it is   two (2) years since the judgment was delivered. The reasons advanced are that there was a problem with the Prisons Documentation Office and our Court registry.  Since that is not a far fetched eventuality and is likely to happen in the normal cause of events, the Applicant may not be over reaching himself.

3. One other thing, considering he sentence sought to be challenged, death, it is fair and just to give the Applicant to air his case before the higher Court for consideration.

4. In the circumstances, I allow the application. Let the Notice of Appeal be filed within 14 days of the date of this Ruling.

DATED and DELIVERED at MERU this 4th day of October, 2017.

A. MABEYA

JUDGE

4/10/2017