Kulalia Ngatia v Republic [1997] KECA 149 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAKURU

CORAM: BOSIRE, AG. J.A. (IN CHAMBERS)

CRIMINAL APPLICATION NO. NAI 17 OF 1997

BETWEENKULALIA NGATIA ........................................ APPLICANTANDREPUBLIC .............................................. RESPONDENT

(Appeal from a judgment of the High Court of Kenya at Eldoret

(Nambuye J) dated 14th February, 1995

in

H.C.CR.A. NO. 275 OF 1994)

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R U L I N G

The applicant's application for extension of time within which to file a fresh notice of appeal has merit. The applicant's appeal to the superior court was summarily rejected. However, that decision was not communicated to the applicant on time. He filed a notice of appeal, although late, as soon as he was made aware of the summary rejection of his appeal. The appeal he later filed was struck out for being incompetent. Clearly this is a proper case for extension of time. I accordingly extend the time within which to file a notice of appeal by 14 days. It is so ordered.

Dated and delivered at Nakuru this 25th day of September, 1997.

S. E. O. BOSIRE-------------------

AG. JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR