SAMUEL NJUGUNA KIRIGI vs REPUBLIC [2002] KECA 280 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEALAT NYERICORAM: SHAH, J.A (IN CHAMBERS)CRIMINAL APPLICATION NO. NAI. 48 OF 2002 BETWEEN SAMUEL NJUGUNA KIRIGI….…………………………..APPLICANT AND REPUBLIC ……………………………………………….RESPONDENT

(Application for extension of time to appeal out of time from a sentence of the High Court of Kenya at Nyeri (Juma, J) dated 26. 7.2000 in H.C.CR.C. NO. 15 OF 1999) ***************** R U L I N G

The applicant wishes to appeal against a sentence of ten years imposed on him for the offence of manslaughter. He pleaded guilty to the charge. The sentence was passed by the magistrate’s court. An appeal to High Court confirmed it. As the sentence is not illegal this court has no jurisdiction.

Any extension of time will be an exercise in futility. This application is dismissed.

Dated and delivered at Nyeri this 29th day of October, 2002. A.B. SHAH ----------------- JUDGE OF APPEAL

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