DIRECTOR OF PUBLIC PROSECUTIONS V. AHMED MOHAMMED OMAR, AHMED ABDALLA SHAFFI, MICHAEL NGUNGU LEWA, MOSES LOCHICH, NELSON KIPCHIRCHIR TOO & ERIC EBERE MELCHIZEDEK

RULING

[1] UPON perusing the application by way of Ex parte Notice of Motion dated 1^st September 2014 and filed on 2^nd September 2014 seeking enlargement of time to file a Notice of Appeal; and

[2] UPON reading the supporting affidavit of KIOKO KAMULA sworn on 1^st September 2014:

[3] WE HAVE CONSIDERED the applicant’s written submissions in which he contests the merits of the Court of Appeal decision allowing an appeal from the High Court decision in which the respondents had been found guilty on charges of murder, in Criminal Case No.14 of 2010 – Republic v. Ahmed Mohammed Omar and 6 Others.

[4] THE DEPONENT avers that the applicant’s delay in filing a Notice of Appeal was for good cause, and that such delay was in any case, not inordinate.

[5] THE DEPONENT avers that he had, following the delivery of the Judgment of the Court of Appeal, “constituted a team of Prosecution Counsel with instructions that they review the entire evidence and proceedings in the High Court and the Court of Appe…