PHILLIP MAINGI MUEKE V. REPUBLIC

RULING

By the motion on notice dated 2^nd March 2018 the applicant Phillip Mwangi Mueke prays that the time for the filing of a notice of appeal against the judgment of the High Court (Kimaru, J.) dated 8^th October 2015 be extended. That judgment dismissed the applicant’s appeal to that court against his conviction on the offence of defilement of a child contrary to Section 8(2) of the Sexual Offences Act, for which he was sentenced to life imprisonment. The trial court had found as proved the prosecution case that on 13^th January 2009, the appellant had inserted his penis into the anus of KH, a girl then aged 9 years.

The grounds upon which the application are premised and which are expanded on in the applicant’s affidavit sworn on 2 ^nd March 2018, appear on its face as;

“(i) Time to lodge the Appeal in this matter expired on 22^nd October, 2015 after judgment was delivered by the High Court on 8^th October, 2015.

(ii) The applicant was unrepresented and indigent thus was unable to be aware…