IN THE COURT OF APPEAL
AT KISUMU
(CORAM: E. M. GITHINJI, JA. (IN CHAMBERS)
CRIMINAL APPLICATION NO 14 OF 2018
BETWEEN
DOUGLAS LIYAI............................................APPLICANT
AND
REPUBLIC..................................................RESPONDENT
(Being an Application from the Judgment of the High Court of Kenya
at Kakamega arising from the Original Criminal Case No. 358 of 2012
at Hamisi Law Courts
in
KAKAMEGA H.C.CR.A. NO. 9 OF 2013)
****************************
RULING
The applicant Douglas Liyai applies for extension of time within which to file a notice of appeal. He was convicted of the offence of defilement and sentenced to 20 years imprisonment on 15th January, 2013.
His appeal to the High Court against conviction and sentence was dismissed sometime in 2016. He attributes the delay to file the appeal to be due to the promise by his family to engage a lawyer to file an appeal on his behalf and which they failed to fulfil due to financial constraints. Ms. Wafula for the respondent d…