NJOROGE V. REPUBLIC

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: MADAN and NYARANGI JJ A, GACHUHI AG JA)

CRIMINAL APPEAL NO 145 OF 1985

BETWEEN

NJOROGE..................................... APPELLANT

AND

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

JUDGMENT

(Appeal from a conviction of the High Court at Nairobi (Simpson and Muli JJ) in Criminal Appeal No 1049 of 1971, dated 24th December 1971)

October 7, 1985, the following Judgment of the Court was delivered.

Under leave granted to this appellant as a special case this is a second appeal to this court nearly fourteen years after conviction and sentence on the 7th October, 1971 of the appellant by the Senior Resident Magistrate Nairobi, for the offence of robbery with violence, contrary to section 296(2) of the Penal Code.

Amazingly the appellant waited until March 1985 to apply to a single Judge of this court to be allowed to file his appeal out of time. The single Judge properly decided to refer the application to the full court because of the unusual passage o…