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The applicant's second appeal against his conviction for the offence of robbery with violence contrary to section 296(2) of the Penal Code, was, on 28th November 2001, found to have been filed out of time. In the present application he seeks an extension of time to regularize the defect. Mr Bw'Onwonga, Assistant Deputy Public Prosecutor does not oppose the application. That being so and in view of the fact that the applicant stands convicted of a capital charge, I am inclined to grant the extension prayed for and extend the time for such period as will include 16th November, 1998, when the applicant lodged his notice of appeal.
The applicant also prays that he be allowed an extension of time within which to prepare a record of appeal. By reason of the provisions of rule 61 of the Court of Appeal Rules it is the prerogative of the Registrar to prepare a record of appeal; consequently the issue does not arise here.
Mr P.N. Mugo for the applicant prays for leave to file a supplemen…