Maurice Onyango & Peter Adipo Wanywa v Republic [2000] KECA 80 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT KISUMUCORAM: AKIWUMI, J.A. (IN CHAMBERS) CRIMINAL APPEAL APPLICATION NO. 3 OF 2000

BETWEEN

MAURICE ONYANGO ............................................1STAPPELLANTPETER ADIPO WANYWA .....................................2NDAPPELLANTANDREPUBLIC ...................................................................RESPONDENT(Appeal from the Judgment of the High Court of Kenya at Kisumu (Hon. Mr. Justice Wambilyangah) dated 18th June, 1999 in H.C.CR. APPEAL NO. 210 & 211 OF 1998) ******************R U L I N G

Even if Mr. Gacivih had not opposed the present application for extension of time for the applicants to lodge their notice of appeal against their conviction, I would, in the particular circumstances of the matter, have done so which I hereby do. In the result, the notices of appeal filed by the applicants according to rule 66 of our Rules on 13th July, 1999 are hereby deemed to have been filed in time.Dated and delivered at Kisumu this 21st day of November, 2000 .

A. M. AKIWUMI........................JUDGE OF APPEALI certify that this is atrue copy of the original.DEPUTY REGISTRAR