JULIUS LAWRENCE WARUI vs REPUBLIC [1999] KECA 167 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: OMOLO, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI 16 OF 1999 BETWEEN

JULIUS LAWRENCE WARUI ............................. APPLICANT AND REPUBLIC .......................................... RESPONDENT

(Application to amend the notice of appeal from a judgment of the High Court of Kenya at Nairobi (Oguk J) dated 17th June, 1996 in H.C.CR.A. NO. 71 OF 1992) ****************** R U L I N G

I have no power to grant the order sought by Mr Nyamu. This Court has held that a notice of appeal is a primary document and cannot be amended. If it is defective an applicant has to start afresh. That being so, I refuse this application and order that it be and is hereby dismissed.

Dated and delivered at Nairobi this 1st day of November, 1999.

R.S.C. OMOL

---------------JUDGE OF APPEAL

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