INNOCENT MADARAKA ONSONGO & EDWARD MOTUKA V. REPUBLIC

R U L I N G

This is an application under Rule 4 of the Court of Appeal Rules (Rules) for orders that:

(a) The applicants be granted leave to file and serve a Notice of Appeal out of time and the same be deemed to have been filed and served so as to validate the memorandum of appeal dated and filed on 19^th December, 2005.

(b) Such orders as the Court shall deem fit be made to meet the ends of justice.

The application is supported by an affidavit of Richard Onsongo, an advocate for the applicant in this application to which he has annexed only four documents namely a Ruling of Deverell, J.A. dated 16^th day of December, 2005 in Criminal Application No. Nai. 12 of 2005 (KSM7/05) Innocent Madaraka Onsongo and Another v. Republic, a letter dated 27^th April, 2006 from Deputy Registrar of this Court to Deputy Registrar, Court of Appeal Kisumu Registry which was copied to the applicant’s advocates, a copy of the orders of the superior court (Wambilyangah, J.) dated 7^th day of April, 2003 in High C…