Richard Mutie Mbindyo v Republic [2016] KEHC 6039 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL APPEAL NO. 102 OF 2015

RICHARD MUTIE MBINDYO..............APPELLANT

VERSUS

REPUBLIC ……………….......…… RESPONDENT

(Being an appeal from the original conviction and sentence in Kitui Chief Magistrate’s Court Criminal Case No. 510 of 2015 by Hon. A. S. Lesootia S R M on 09/06/15)

R U L I N G

By an application dated 28th December, 2015,the Applicant seeks leave to appeal out of time.  The application is based on grounds that the Applicant was not able to appeal within the required fourteen (14) daysbecause his relatives who were to hire a lawyer to represent him failed to act due to financial constraints.

The application is unopposed.  The State through Ms. Amojongresponded that they had no reason to oppose it.  In the premises, I grant the Applicant leave to appeal out of time within 14 days.

It is so ordered.

Dated, Signedand Deliveredat Kituithis 1stday of March,2016.

L. N. MUTENDE

JUDGE