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REPUBLIC v. FRANCIS NDUNGU KIRORI WANYONYI WAMATU EVERLYNE MURUGI RUFUS CECILIA WAMBUI NJOROGE PATRICK GATHITHO WAITHAKA

(1999) JELR 94271 (CA)

Court of Appeal  •  crim appl 10 of 99  •  1 Nov 1999  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

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

CRIMINAL APPLICATION NO. NAI 10 OF 1999

BETWEEN

REPUBLIC .......................................... APPLICANT

AND

FRANCIS NDUNGU KIRORI

WANYONYI WAMATU

EVERLYNE MURUGI RUFUS

CECILIA WAMBUI NJOROGE

PATRICK GATHITHO WAITHAKA .........................RESPONDENTS

(Application for extension of time to file notice of

appeal out of time from a ruling of the High Court

of Kenya at Nairobi (Osiemo J) dated 18th June, 1998

in

H.C.CR.Rev. NO. 47 OF 1997)

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

R U L I N G

With respect to both Mr Okumu and Mr Ngwiri, I do not think I am called upon in this application to decide on the issue of whether or not the point of law is sufficiently important to warrant my extending the time. But I agree that is a factor the Court has to take into account. It is, however, agreed that the applicant had a right of appeal. The applicant in fact filed a notice of appeal but the same was struck out because it was de…

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