MASUMBUKO KILONZO MUTHAMI vs REPUBLIC [2000] KECA 208 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT MOMBASA

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

CRIMINAL APPEAL(APPLICATION) NO. 54 OF 2000

BETWEEN

MASUMBUKO KILONZO MUTHAMI  ..........................APPLICANT

AND REPUBLIC  ..........................................RESPONDENT

(Appeal from a judgment of the High Court of Kenya at Mombasa (Commissioner K. Shah) dated 21st September,

1999

in

H.C.CR.A. NO. 281 OF 1998) ********************* R U L I N G

Miss. Kwena for the respondent does not oppose this application brought under rule 4 of the Court of Appeal Rules, for an extension of the time within which to lodge his appeal.

In the circumstances I exercise my unfettered judicial discretion under the aforesaid rule and extend the time for such period as to include 2nd February, 2000, when the applicant lodged his notice of appeal, but out of time.

Dated and delivered this 17th day of July, 2000.

S. E. O. BOSIRE ............... JUDGE OF APPEAL

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