Julius Ombori Bisieri v Republic [2015] KECA 71 (KLR)

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: MARAGA, J.A. (IN CHAMBERS)

CRIMINAL APPLICATION NO. 11 OF 2015

BETWEEN

JULIUS OMBORI BISIERI………………………………….APPLICANT

AND

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

(An Application for leave to file Notice of Appeal out of time from a Judgment of the High Court of Kenya at Kisii, (Maina & Okongo, JJ.) dated 30th January, 2014

in

H.C.CR.A. NO. 264 OF 2010)

***********************

RULING

JULIUS OMBORI BISIERI the applicant has sought leave of this Court to file his appeal out of time.   He  states  in  his affidavit  in support of the application  that when his first appeal was dismissed by the  High  Court  on  30th January  2014,  he  gave  his  application  for leave  to appeal  out  of time  to the  prison  authorities  to file on  his behalf   but   that   application, as  his   advocate   Mrs.   Asuna   has confirmed, was never filed.

I am satisfied that failure to appeal in time has been explained.  The applicant is in prison and unless assisted by prison authorities he was unable to file his appeal in time.

As Mr. Ketoo, learned Prosecution. Counsel, also does not oppose this application, I grant the same.  The appellant has leave to file and serve his memorandum of appeal within 14 days.

DATED this 21st July, 2015.

D.K.MARAGA

……………………………

JUDGE OF APPEAL

I certify that this is

a true copy of the original.

DEPUTY REGISTRAR