Moses Shivachi Shikali v Republic [1999] KECA 34 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: KWACH, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 5 OF 1999

BETWEEN

MOSES SHIVACHI SHIKALI ................................. APPLICANT AND REPUBLIC ........................................................ RESPONDENT

(Application for Leave to appeal out time from a judgment of the High Court of Kenya at Kakamega (Mr. Justice Tanui) dated 3rd April, 1998 in H.C.CR.C. NO. 269 OF 1997) ****************** R U L I N G

As the appeal was heard and determined in the absence of the applicant he has a legitimate grievance. His constitutional right a fair and impartial trial was violated. Accordingly, I allow this application and extend the time for filing an appeal by thirty days from today.

Dated and delivered at Kisumu this 18th day of March,1999. R. O. KWACH ------------------ JUDGE OF APPEAL

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