Atieno v. Republic
Court of Appeal, at Kisumu June 17, 1985
Gachuhi Ag JA
Criminal Application No NAI 5 of 1985 (KMU 2/85)
(Application from a ruling of the High Court at Kakamega, Aganyanya J,
Criminal Appeal No 78 of 1984)
Extension of time – appeal - application for leave to file appeal out of time - to reinstate an application for leave to appeal – effect of refusal by High Court – whether appeal lies against such a refusal - section 361(8)(b) of the Criminal Procedure Code.
Advocate – failure by advocate to file appal on time - consequences. The applicant gave instructions through his mother to a different advocate from one who originally handled the trial. No appeal was filed within the prescribed time. An application was made for leave to file the appeal out of time which was refused by the High Court.
Held:
1. Under section 361(8)(b) of the Criminal Procedure Code no appeal lies against a refusal by the High Court forleave to file the appeal out of time.
2. The principle of law is that …