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Oliver Munyaka Kabulu v. Republic

(1985) JELR 94249 (CA)

Court of Appeal  •  Criminal Application Nai 4 of 1984  •  19 Nov 1985  •  Kenya

Coram
James Onyiego Nyarangi, Harold Grant Platt, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Kneller, Nyarangi, JJA and platt, Ag.JA)

CRIMINAL APPLICATION NAI 4 OF 1984

BETWEEN

OLIVER MUNYAKA KABULU.....................APPELLANT

AND

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

(An application for extension of time and for leave to institute an intended appeal from a judgment of the High court of Kenya at Kakamega (Gicheru, J ) dated March 23rd 1984

Criminal Appeal 76 of 1984)

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

JUDGMENT

Oliver Munyaka Kabulu by a motion on notice filed on June 12, 1984 expressed to be brought under rules 4 and 40(b) of the Court of Appeal Rules asked us to extend the time limited by rule 40 for instituting his appeal from the judgment of the High Court (Mr Justice Gicheru) at Kakamega on March 23, 1984.

Mr Justice Gicheru dismissed his appeal from his conviction and sentence by court martial in Nairobi on November 22, 1982. He was convicted of taking part in a mutiny contrary to section 25(2) of the Armed Forces …

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