OLIVER MUNYAKA KABULU V. REPUBLIC

RULING

We have before us a motion on notice filed on June 12, 1984 by Oliver Munyaka Kabulu (Kabulu) expressed to be brought under rules 4 and 40(b) of the Court of Appeals Rules. On August 1, 1982 he was 28 and he had been in the Kenya Air Force for nearly 5 years. He was arrested that morning at the roundabout from which Haile Selassie Avenue and the Uhuru Highway radiate in Nairobi and charged with taking part in a mutiny contrary to section 85(2) of the Armed Forces Act (cap 199).

A court martial convicted him of this offence and sentenced him to 8 years imprisonment together with dismissal from the armed forces services on November 22, 1982 and both his conviction and sentence were confirmed the next day. Mr Justice Gicheru heard the appeal on February 10, 1984 and in his judgment of March 23, 1984 dismissed it.

Kabulu asks this Court to extend the time which he believes he had to apply for a certificate of appeal and file a second appeal and the certificate itself. His advocate, Mr…