<p>REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: BOSIRE, AG. J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI 17 OF 1997</p><p class="ql-align-center">BETWEEN</p><p class="ql-align-center">KULALIA NGATIA ........................................ APPLICANT</p><p class="ql-align-center">AND</p><p class="ql-align-center">REPUBLIC .............................................. RESPONDENT</p><p class="ql-align-center">(Appeal from a judgment of the High Court of Kenya at Eldoret</p><p>(Nambuye J) dated 14th February, 1995 in H.C.CR.A. NO. 275 OF 1994) ******************* R U L I N G</p><p class="ql-align-justify">The applicant&#x27;s application for extension of time within which to file a fresh notice of appeal has merit. The applicant&#x27;s appeal to the superior court was summarily rejected. However, that decision was not communicated to the applicant on time. He filed a notice of appeal, although late, as soon as he was made aware of the summary rejection of his appeal. The appeal he later filed was struck out for being incompetent. Clearly this is a proper case for extension of time. I accordingly extend the time within which to file a notice of appeal by 14 days. It is so ord…</p>