JULIUS LAWRENCE WARUI V. REPUBLIC

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: OMOLO, J.A. (IN CHAMBERS)

CRIMINAL APPLICATION NO. NAI 16 OF 1999

BETWEEN

JULIUS LAWRENCE WARUI ............................. APPLICANT

AND

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

(Application to amend the notice of appeal from a

judgment of the High Court of Kenya at Nairobi (Oguk

J) dated 17th June, 1996

in

H.C.CR.A. NO. 71 OF 1992)

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R U L I N G

I have no power to grant the order sought by Mr Nyamu. This Court has held that a notice of appeal is a primary document and cannot be amended. If it is defective an applicant has to start afresh. That being so, I refuse this application and order that it be and is hereby dismissed.

Dated and delivered at Nairobi this 1st day of November, 1999.

R.S.C. OMOL

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JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR