Martin Kimathi v Republic [2017] KEHC 5207 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

MISCELLENIOUS CRIMINAL APPLICATION NO. 24 OF 2017

MARTIN KIMATHI  …………………………………….. APPELLANT

VERSUS

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

RULING

I have considered the application.  The same is not opposed.

I note that the ground advanced is that the Applicant expected his family to lodge an appeal on his behalf but they failed.

The delay has been of three months considering the sentence metted out of 30 years.  I consider the application to be meritorious.  I allow the same.  Let the Petition of Appeal be served upon the Director of Public Prosecutions (DPP) forthwith and an Appeal file be opened.

This file is closed.

DATED at MERU this 22NDday of MAY, 2017.

A. MABEYA

JUDGE

22/05/2017