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Philiph Kipkosgei Ruto v. Republic

(2001) JELR 94499 (CA)

Court of Appeal  •  crim appl 9 of 01  •  24 Sep 2001  •  Kenya

Coram
Effie Owuor

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAKURU

(CORAM: OWUOR, J.A (IN CHAMBERS)

CRIMINAL APPLICATION NO. NAI. 9 OF 2001

BETWEEN

PHILIPH KIPKOSGEI RUTO ...............................APPLICANT

AND

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

(Application for extension of time to file Notice of

appeal out of time in an intended appeal against the

judgment of the High Court of Kenya at Kericho (Mr.

Justice Rimita) dated 27th July, 2000

in

H.C.CR. APPEAL NO. 11 OF 1999)

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

R U L I N G

The applicant's appeal before the superior court was dismissed as far back as 27th July, 2000. The reason he gave for the delay in lodging his Notice of appeal in the affidavit sworn in support of the application was that:-

"That your honour I was sentenced before Kericho High Court and that my fourteen days expired while my transfer was prepared to be taken to Nakuru Prison".

In his submission to me in court he changed his story and alleged that the delay to file the appeal wa…

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