JULIUS MWANZIA MUTHIANI V. REPUBLIC

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT MOMBASA

CORAM; SHAH, J.A. (IN CHAMBERS)

CRIMINAL APPEAL APPLICATION NO.92 of 1999

BETWEEN

JULIUS MWANZIA MUTHIANI.................................APPELLANT

AND

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

(Appeal from a conviction, judgment, order, or as the

case may be) of the High Court of Kenya at Mombasa

(Justice Ang'awa) dated 13th October, 1997

in

H.C.CR.A. No.71 of 1997

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

RULING

The applicant was convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code, on 17th February, 1997. He appealed to the superior court. That appeal was summarily rejected by the superior court (Ang'awa J.). The applicant says he did not know of the fact of such summary rejection until 7th July, 1999. He lodged this notice of appeal and memorandum of appeal on 23rd of August, 1999.

The delay is not inordinate, in all the circumstances.

I allow the application and order that the notice of ap…