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D O O V. REPUBLIC

(2015) JELR 106819 (CA)

Court of Appeal  •  Criminal Application 10 of 2015  •  22 Sep 2015  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

RULING

In the Chamber Summons filed on 10th June, 2015, the applicant D O O has sought leave to extend time to file an appeal from the sentence of the High Court at Eldoret, as well as to obtain orders for the transfer of the intended appeal from the Court of Appeal sitting in Eldoret to this Court.

In his submissions before me, the applicant stated that he is currently serving his prison sentence in Kisumu Prison, and the reason for seeking the transfer of his appeal was his ill health on account of his HIV status and the distance required to travel to Court to attend to his appeal.

Mr. Ketoo, learned counsel for the State did not oppose the application for leave to extend time to file an appeal against sentence. Counsel however opposed the application to transfer the applicant’s intended appeal from Eldoret to Kisumu for reasons that the grounds for transfer advanced by the applicant were insufficient to warrant such transfer.

I have considered the application and the submissions of the…

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