MWANGI KAMAU vs REPUBLIC [2001] KECA 318 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (CORAM: SHAH, J.A (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 16 OF 2000 (NYR 15/2000) BETWEEN

MWANGI KAMAU ..........................................APPLICANT AND REPUBLIC ..............................................RESPONDENT(Application for extension of time to file an appeal out

of time from a Judgment of the High Court of Kenya

at Nyeri (Mr. Justice Juma) dated 2nd March, 1999

in

H.C. CR. APPEAL NO. 258 OF 1998)

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R U L I N G

The applicant wishes to exercise his undoubted right of appeal to this Court. He has explained why he was unable to lodge his Notice of appeal in time. The (respondent) that is the State is not objecting. I grant the application and order that the Notice of appeal lodged in the superior court on 18th December, 2000 be deemed to be filed in time. The Registry is directed to prepare the record of appeal expeditiously.

Dated and delivered at Nyeri this 18th day of May, 2001.

A.B. SHAH ...............JUDGE OF APPEALI

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