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(1999) JELR 95206 (CA)

Court of Appeal  •  crim appl 4 of 98  •  16 Mar 1999  •  Kenya

Riaga Samuel Cornelius Omolo JA Abdulrasul Ahmed Lakha JA Zakayo Richard Chesoni JA



The applicant/appellant was convicted of manslaughter and sentenced to three years' imprisonment. He was dissatisfied with his conviction and sentence and as he wished to appeal; he instructed a firm of advocates (M/s Mainye) to prosecute the intended appeal. It appears the advocate did not take action on the instructions of the appellant. All along the appellant was under the impression that an appeal had been filed till 24th March, 1998 when he came to the Court of Appeal for the hearing of his appeal and was informed that no appeal had been filed.

On 25th March, 1998 the appellant, in person, lodged an application for leave to appeal out of time. That application was heard by Kwach, J.A. who dismissed it. The appellant has now come to us on a reference.

In the intended memorandum of appeal the appellant alleges that his guilt was not proved beyond reasonable doubt and the learned trial Judge took into account extraneous matters. The intended appeal is not based on …

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