Samson Mogal Longalamoi v Republic [2002] KECA 286 (KLR)

IN THE COURT OF APPEAL AT NAKURU CORAM: SHAH, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 27 OF 2002 (NAK 8/02) BETWEEN SAMSON MOGAL LONGALAMOI…………………….…..APPLICANT AND REPUBLIC …………...…………………………. …………RESPONDENT

(An application for extension of time to lodge Notice of Appeal out of time in an intended appeal from the judgment of the High Court of Kenya at Eldoret (Tunya, J) dated 8th February, 2002 in H.C.CR.A. NO. 138 OF 1999 *****************R U L I N G

The applicant was convicted of the offence ofsimple robbery contrary to section 296(1)of thePenal Code, by the magistrate’s court. On appeal the High Court sentenced him to death on the basis that the offence disclosed was that ofrobbery with violence contrary to section 296(2) of thePenal Code . From what the applicant tells me I cannot be sure if he did lodge a notice of appeal. He says he thumb-printed a document. I allow this application and for avoidance of doubt extend time to lodge his notice of appeal by fourteen days from today. I direct the Registry to prepare record of appeal as soon as possible after the notice of appeal is lodged. I also direct that the applicant do have a counsel appointed to argue his appeal.

Dated and delivered at Nakuru this 25th day of February, 2003. A.B. SHAH JUDGE OF APPEAL

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

DEPUTY REGISTRAR