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Joseph Mwangi Murigi v. Republic

(2007) JELR 105156 (CA)

Court of Appeal  •  Criminal Apppli 8 of 2006 (NAK.1/06)  •  26 Feb 2007  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAKURU

CRIMINAL APP 8 OF 2006

JOSEPH MWANGI MURIGI ........................................ APPLICANT

AND

REPUBLIC ......................................................... RESPONDENT

(Application for extension of time to file and serve a notice of appeal out of time from a judgment of the High Court of Kenya at Nakuru (Mr. Justice Musinga) dated 21st October, 2005

in

H.C.CR.A. NO. 380 OF 2003)

********************

R U L I N G

The applicant seeks two orders under Rule 4 of the Court of Appeal Rules viz; that time within which to lodge an appeal be extended and that the notice of appeal already filed be deemed to be timeously filed. The application is supported by the affidavit of Githui John, learned counsel for the applicant.

The applicant intends to file an appeal against the order of the superior court (Musinga, J.) dated 21st October 2005 summarily rejecting the applicant’s Criminal Appeal No.380 of 2003 under section 352(2) of the Criminal …

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